HEINEKEN HOLIDAY
GIFT CARD 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 HOLIDAY GIFT CARD PROMOTION (“PROMOTION”) IS OPEN ONLY TO
LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN THE STATES OF AL, AR, FL, GA,
IL, IN, KY, MS, OH, TN AND VA 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:
The Promotion is open only to legal residents
of the United States residing in the states of AL, AR, FL, GA, IL, IN, KY, MS,
OH, TN AND VA who are 21 years of age and older at time of entry.
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 Inc. (“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 10/26/2021 and ends at 11:59 p.m. ET on 1/2/2022 or when all
Instant Win prizes have been awarded, whichever is earlier (“Instant Win
Period”). The Sweepstakes begins at 12:01 a.m. ET on 10/26/2021 and ends at 11:59
p.m. ET on 1/2/2022 (“Sweepstakes Period”).
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 “HOLIDAY” to 68255. Upon
receiving a return text message, click on the link provided (www.Heineken.com/US/en/promos/HolidayGiftCard)
and follow the onscreen instructions to enter and participate in the Instant
Win promotion and be entered in the Sweepstakes drawing. Carrier’s standard
messaging and data rates apply. All SMS entries must be submitted by 11:59 p.m.
ET on 1/2/2022.
(b) Internet
Entry:
To submit an Internet entry directly (without sending a text), scan the
QR Code using your mobile phone’s camera or directly visit www.Heineken.com/US/en/promos/HolidayGiftCard
and follow the on-screen entry instructions to enter and participate in the
Instant Win promotion and be entered in the Sweepstakes drawing. 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 1/2/2022.
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 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. Any entry
submitted on behalf of another individual or using another individual’s
information, 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, addresses, or
other method shall result in all such entries being disqualified. 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, AriZona SunRise, Dos Equis, Murphy’s, Newcastle,
Red Stripe, Strongbow, Tecate, and Tiger).
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 Prizes (189):
One
hundred eighty-nine (189) Instant Win prizes will be randomly awarded during
the Promotion Period. Each Instant Win prize consists of:
one (1) $20.00 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
instant win prize: $20. Total ARV of all available Instant Win
prizes: $3,780.
NOTE: Limit
one (1) Instant Win prize per person, email address or household during entire
registration period.
(b)
Grand Prize Sweepstakes
Prize (1):
One (1) grand prize will be awarded in the Sweepstakes. The grand prize is: $1,000 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. ARV of grand prize: $1,000.
The ARV of all available prizes: $4,780.
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 solely the 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.
(c) Sweepstakes
Odds of
winning a grand prize in the Sweepstakes drawing are dependent on the total
number of eligible entries received.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
There is a maximum of one (1) prize award per
person or household, except for this Sweepstakes, any instant prize winner
shall still be eligible for the grand prize drawing. If eligible entries are less than the scheduled
number of prizes available for any prize drawing or total number of prizes for
the entire Promotion, then associated prize award(s) shall not be awarded.
(a) Instant Win
Participants
in the online Instant Win game who receive an on-screen confirmation message
will be determined as a potential Instant Win prize winner. Potential Instant Win prize winners will be
selected at random. 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 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.)
You will
then be sent a prize claim form via email with instructions on how to claim
your prize. Allow 2 – 4 weeks for
processing and delivery of prize claim form.
Please note that you are not officially a winner until your eligibility
has been verified and you have fully complied with these Official Rules. Limit
one (1) Instant Win prize per person or household.
(b) Sweepstakes
Potential grand prize winners in the Sweepstakes portion of the
Promotion will be selected in a random drawing from among all eligible
entries received, to be held on or about 1/5/2022.
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 forty-eight (48) 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. Upon forfeiture of
any prize, no compensation will be given.
All potential winners will be required to sign
and return, where legal, an Declaration of Eligibility
and Liability/Publicity Release within three (3) days of receipt and notification
that he/she is a potential winner. No potential winner will be an official
winner until his/her Declaration of Eligibility and Liability/Publicity Release
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 the
required documentation within the designated time period,
he/she will be automatically disqualified and the prize may be awarded to an
alternate winner, time permitting.
7. LICENSE AND RELEASE:
By
participating and/or accepting a prize, entrants and winners 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 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 Sweepstakes 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.
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 States of AL,
AR, FL, GA, IL, IN, KY, MS, OH, TN or VA. 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 email address submitted at the time of entry. The
“authorized account holder” is deemed the natural person who is assigned to 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 email address. A potential winner may be
requested to provide Sponsor with proof that the potential winner is the
authorized account holder of the email 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 email 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 https://heinekenusa.com/privacy-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
Holiday Gift Card Promotion, P.O. Box 248, Woodbridge, NJ 07095. All requests
for a list of winners must be postmarked by 2/15/2022 and received by 2/28/2022.
12. SPONSOR: HEINEKEN USA Inc.,
White Plains, NY.
©2021 HEINEKEN® Original
and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.