HEINEKEN BACK
TO THE BARS SWEEPSTAKES
Full
Official Rules
Enter for a chance to
win and Heineken will donate one dollar ($1.00) for each original eligible and
unique entry received to Another Round Another Rally
(https://anotherroundanotherrally.org/), up to a maximum of $50,000. Visit www.Heineken.com/US/BacktotheBars for details. Offer
ends 12/31/21 or when maximum donation is reached, whichever occurs sooner.
NO PURCHASE OR DONATION
NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT OR MAKING A DONATION WILL NOT
IMPROVE YOUR CHANCES OF WINNING.
THE HEINEKEN BACK TO THE BARS SWEEPSTAKES (“SWEEPSTAKES”) 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. VOID WHERE
PROHIBITED. SWEEPSTAKES 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.
1. ELIGIBILITY:
The 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:
Sweepstakes begins at 12:01 a.m. Eastern Time
(ET) on 3/29/2021 and ends at 11:59 p.m. ET on 12/31/2021. This Sweepstakes is
in no way sponsored, endorsed, or administered by, or associated with, Instagram
or Twitter. You are providing your information to Sponsor.
3. HOW TO
ENTER:
Your entry must contain an original story,
comment, post, and/or photograph (“Photo”) created by you (and not
previously submitted) that shares how you are supporting your local bar(s)
(each a “Submission”). (Note: there
is no purchase necessary – Heineken product purchase is not required, and will
not increase your chances of winning).
Your submission may not include
any content that violates the rights of third parties, such as the names of
specific individuals, businesses, etc. You
may enter as often as once per day, but each submission must be original and
unique, and NOT previously submitted.
Duplicate or near duplicate Submissions will be disqualified.
There are three (3) ways to enter the
Sweepstakes: (a) on Instagram, (b) on Twitter, or (c) on the Internet. All
entries and Submissions must comply with the Requirements below.
(a) Instagram: To enter via Instagram,
access the Instagram application on your compatible mobile device (“Mobile
Device”), and confirm you are following or follow @Heineken_US (in order to verify you are 21 years of age
or older). Then, during the
Registration Period, post or share how you are supporting your local bar(s),
and use the hashtags #BacktotheBars
#Sweepstakes. (Refer to Section 4 for content guidelines.) Submissions will appear on Instagram under
the hashtag #BacktotheBars #Sweepstakes. NOTE: To enter the
Sweepstakes through this method, you must be an active holder of a non-private
Instagram account (holders of private
accounts may not enter using this method). If you do not have the Instagram application,
you may download it through the application store on your mobile device. The
Instagram application is free, and Instagram’s Terms of Use apply. For details,
visit http://instagram.com/legal/terms/.
(b) Twitter: To enter via Twitter,
access the Twitter application on your compatible mobile device, tablet or
desktop, and confirm you are following or follow @Heineken_US (in order to verify you are 21 years of age or older). Then, during the
Registration Period, Tweet how you are supporting your local bar(s) and use the
hashtags #BacktotheBars #Sweepstakes.
(Refer to Section 4 for content guidelines.)
Submissions will appear on Twitter under the hashtags #BacktotheBars #Sweepstakes. You must be an
active holder of a nonprivate Twitter account to be eligible to enter this
Sweepstakes via Twitter (i.e., you must make sure your tweets are set to
“public” and not “private”). If you do
not have the Twitter application, you may download it through the application
store on your mobile device. The Twitter application is free, and Twitter’s
Terms of Use apply.
Twitter’s
Terms of Service apply and can be found at http://twitter.com/tos.
(c) Internet
Entry:
To submit an Internet entry directly online, scan the QR code or visit www.Heineken.com/US/BacktotheBars, and follow the online
entry instructions to fully complete the registration form with all required
information and submit your including a comment about how you are supporting
your local bar(s). Normal time rates, if any, charged by Internet service
provider will apply.
If you
enter the Sweepstakes using a Mobile Device on your mobile service provider’s network
(as opposed to a Wi-Fi network), your carrier’s standard text and data rates
apply.
You should consult your wireless service provider’s pricing plan for details.
You agree to incur any and all charges demanded by your wireless carrier.
All
entries must be unique and must be received by 11:59 p.m. ET on
12/31/2021. Duplicate or near
duplicate submissions will not be counted as entries. Refer to the submission
guidelines set forth above and below.
There is a limit one (1) entry per person per
day regardless of method of entry. For
purposes of these Official Rules, a “day” is defined as a as starting on
12:00:01 pm ET and ending at 11:59:59 pm ET.
You may only submit an entry on your own
behalf. Any entry submitted on behalf of
another individual or using another individual’s information, Instagram or
Twitter account, providing any incorrect, inaccurate, fake or false information
during registration, or attempting to submit more than the allowable number of
entries by using alternate names, emails, accounts, addresses, or other method
shall result in all such entries being disqualified. 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 Sweepstakes. Please note that there
is a limit of one (1) prize per individual, household, street address, and/or
email address during any six (6) month period across all HEINEKEN USA Inc.
promotions, regardless of brand (Dos Equis, Amstel, Heineken, Murphy’s, Newcastle,
Red Stripe, Strongbow, Tecate, and Tiger).
4. SUBMISSION GUIDELINES:
All entry information, stories, comments, tweets, and photographs shall be collectively referred to herein as the “Submissions” or each as a “Submission.” By entering, each entrant warrants and represents the following with respect to his/her Submission: that in the case of photographs each submitted photograph (a) was taken by entrant and is his/her original work; in the case of stories, comments, or tweets is submitter’s original work; (b) does not incorporate or include anything that would require the consent of any third party, including persons who have not provided their written consent (which shall be provided to Sponsor upon request thereof) to be photographed and the photograph to be used as permitted herein, or no third-party (non–HEINEKEN USA Inc.) trademarks; (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party; and (d) does not violate these Official Rules, including the usage guidelines found herein.
Furthermore, by submitting an entry, entrant grants to Sponsor the right to display or otherwise use the comment, post, photograph, story, or tweet. Winning entries will grant Sponsor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license and right to use, display, reproduce, publish, distribute, make derivative works of, and otherwise commercially and noncommercially exploit the winning photographs as a condition of being selected a winner.
Photograph
Guidelines
In the case of photographs included in the Submission, each entry must comply with the following requirements:
· Photographs cannot have been submitted previously in a promotion of any kind.
· Photographs should be created by entrant, and by entering them in the Sweepstakes, entrant warrants and represents that he/she is the sole author of each submitted photograph. Entrant further represents and warrants that he/she has secured permission from each and every other person in the photograph to post his/her image on the Internet. If a submitted photograph was taken by someone other than entrant, entrant must obtain a written transfer of ownership from the photographer transferring all photograph rights to entrant and must provide a copy of the written transfer agreement to Sponsor upon request, or the entry may not be considered. If, at any point, a dispute as to ownership of a photograph arises or a right of publicity issue is raised, the entry may not be considered, in Sponsor’s sole discretion.
· Photographs submitted via Instagram must adhere to the Instagram Terms of Use set forth at http://instagram.com/legal/terms/.
All photographs will be evaluated by Sponsor to determine whether all individuals reasonably appear to be over the age of twenty-one (21) and whether the photographic content is in compliance with these Official Rules and The Beer Institute’s Advertising and Marketing Code. The Beer Institute’s Advertising and Marketing Code can be found at www.beerinstitute.org.
Submissions deemed by Sponsor, at its sole discretion, to fall into any of the following categories will be automatically disqualified:
· Submissions that describe, depict or reflect irresponsible or excessive consumption.
· Submissions including any content deemed to be disparaging of Sponsor, its brands, or anyone else.
· Submissions containing any use of profanity, obscenity, nudity, racism, or sexual content.
· Submissions promoting images and/or the use of drugs (legal or illegal), tobacco, or firearms or other weapons.
· Submissions promoting any activity that may appear to be unsafe and/or dangerous.
· Submissions that Sponsor deems to be contrary to The Beer Institute’s Advertising and Marketing Code.
Submissions may not contain any of the following, or they will be automatically disqualified:
· Material that promotes bigotry, racism, hatred, harm, or violence against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
· Material advertising or promoting any brand or product of any kind other than Sponsor’s and the Heineken product images.
·
Content
which may be deemed to infringe on the trademark, logo, or trade dress (such as
distinctive packaging or phraseology) rights of any third party.
· Copyrighted material owned by any entity other than Sponsor (including photographs and other works of art or images).
· Material embodying the names, likenesses, or other indicia identifying any person other than Sponsor and the Heineken product images, including, without limitation, celebrities and/or other public or private individuals, living or dead.
· Material containing any personal identification, such as names, street addresses, or e-mail addresses other than those of Sponsor.
· Material identifying any retail licensee, whether selling for consumption on or off the licensed premises.
· Material promoting any particular political party, agenda, or message.
· Material communicating any messages or images inconsistent with the positive image and/or goodwill Sponsor wishes to project.
5. PRIZES:
All Sweepstakes 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.
Grand Prize (5): Five (5) grand prizes
will be awarded in the Sweepstakes. Each
grand prize is: one (1) $500 Gift Card
from the Sponsor designated gift card provider.
Gift card subject to the terms and conditions of the issuing gift card
provider policy terms and conditions. The
approximate retail value (ARV) of each grand prize: $500.
Total ARV of all available grand prizes: $2,500.
Prize winners must accept delivery of prize in
the method as solely determined and designated by Sponsor. Prize shall be shipped to the designated
winner residential address via USPS or other Sponsor designated shipping/mail carrier,
or as otherwise designated by Sponsor.
Allow approximately 8 – 12 weeks for delivery. Once shipped, prize shall be considered
awarded and fulfilled, and Sponsor shall not be responsible for any lost, late,
undelivered, misdirected, damaged or stolen delivery or any incorrect shipping
address provided. In the event of any
delivery issues, prize award shall not be replaced or substituted with any
alternate prize award or compensation.
Winner shall look only to designated shipper/carrier and not to Sponsor
for any delivery issues.
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.
6. ODDS OF WINNING:
Odds of winning are based upon the number of eligible entries
received as of the date and time of each drawing.
7. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Potential winners will be selected in a series of random
drawings from among all eligible entries received prior to each drawing date. Drawings shall occur on or about 5/15/2021,
7/15/2021, 9/15/2021, 11/15/2021 and 1/5/2022, to select one (1) potential prize
winner per drawing date. Drawings will
be conducted by Sponsor or its appointed agent, and all decisions are final. Potential winners will be contacted via post
or direct message to the Instagram or Twitter account, and/or by telephone or
email. If any potential winner does not
respond as instructed or cannot be reached and spoken with directly by phone within
3-days of the initial notification attempt, if any prize or prize notification
is returned as undeliverable, if any 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. Upon forfeiture of any prize, no compensation will be given.
Limit one (1) prize per person or household.
All potential winners will be required to sign and return,
where legal, 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 Sponsor. If any
potential winner fails to comply with these Official Rules and/or to submit any
required documentation within the designated time period, he/she will be automatically
disqualified and the prize may be awarded to an alternate winner.
8. LICENSE AND RELEASE:
Participation in the Sweepstakes and acceptance of prize
constitute winner’s and guest’s 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 Sweepstakes
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 that this Sweepstakes is in no way sponsored, endorsed, or
administered by, or associated with, Instagram or Twitter, and agree to release
and hold harmless Instagram, Twitter, 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 Sweepstakes, or participation
in, possession, acceptance, and/or use or misuse of any prize or participation
in any Sweepstakes-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 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 Sweepstakes
in any way shall be disqualified. There is no purchase required to participate
in the Sweepstakes or to win any prize in the Sweepstakes. A purchase does not
increase odds of winning.
9. ADDITIONAL TERMS:
Sponsor
reserves the right to alter, suspend, or terminate the Sweepstakes at any time
and with or without notice if, in Sponsor’s sole discretion, the integrity of the
Sweepstakes becomes or is likely to become compromised in any way. In the event
the Sweepstakes is terminated prematurely, all eligible entries received prior
to the Sweepstakes 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 fifty (50) United States or the 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 mobile
device 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 email address submitted at the time of
entry. The “authorized account holder” is deemed the natural person who is
assigned, in the case of a mobile device entrant, to the mobile device by the
applicable telecom provider, or, in the case of an Internet entrant, an email
address by an Internet access provider, service provider, or other online
organization that is responsible for assigning email 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 mobile device or email address associated with
the winning entry.
If for any reason the Sweepstakes 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 Sweepstakes,
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 Sweepstakes. 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 Sweepstakes.
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 Sweepstakes 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 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 Sweepstakes 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 Sweepstakes 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 SWEEPSTAKES,
OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY
WEBSITES ASSOCIATED WITH THE SWEEPSTAKES.
10. 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 Sweepstakes. Any
controversy or claim arising out of, or relating to, these Official Rules
and/or the Sweepstakes 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 Sweepstakes, 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.
11. 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 Sweepstakes, 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. You
are providing your information to Sponsor and not to Instagram or Twitter.
12. LIST OF WINNERS:
To obtain a list of winners, send a
self-addressed, stamped envelope, with sufficient postage, to Winners List, Heineken
Back to the Bars Sweepstakes, P. O. Box 248, Woodbridge, NJ 07095. All requests
for a list of winners must be postmarked by 1/31/2022 and received by 2/15/2022.
13. SPONSOR: HEINEKEN USA Inc.,
White Plains, N.Y.
14. ADMINISTRATOR: Million Dollar Media,
Woodbridge, NJ.
©2021
HEINEKEN® Original Lager Beer. Brewed in Holland. Imported by HEINEKEN USA,
White Plains, NY.
Twitter® is a
registered trademark of Twitter, Inc., San Francisco, CA.
Instagram® is a
registered trademark of Instagram, LLC, Menlo Park, CA.