HEINEKEN HOLIDAY
KOOZIE INSTANT WIN 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 KOOZIE INSTANT WIN PROMOTION (“PROMOTION”) IS OPEN
ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF
COLUMBIA, EXCLUDING RESIDENTS OF NEW JERSEY, 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.
1. ELIGIBILITY:
The Sweepstakes is open to all legal residents
of the fifty (50) United States and the District of Columbia, excluding
residents of New Jersey, 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 Promotion begins at 12:01 a.m. Eastern Time
(ET) on 11/1/20 and ends at 11:59 p.m. ET on 2/28/21 or when all Instant Win
prizes have been awarded, whichever is earlier (“Instant Win Period”).
3. HOW TO
ENTER:
There are three (3) ways to enter the Promotion:
(a) at checkout, (b) via SMS, or (c) on the Internet.
(a)
Entry at Checkout: When you check out you
will be given an opportunity to enter by submitting your mobile telephone
number. Then follow the on-screen entry instructions to enter and participate
in the Instant Win promotion. All
entries made at time of checkout must be submitted by 11:59 p.m. ET on 2/28/21.
(b) SMS Entry: Submit an SMS entry
from your mobile device (“Mobile Device”) by texting the “Beer Emoji” to 68255.
Upon receiving a return text message, click on the link provided and follow the
on-screen instructions to enter the Promotion. Carrier’s standard messaging and
data rates apply. All SMS entries must be submitted by 11:59 p.m. ET on 2/28/21.
(c) Internet
Entry:
To submit an Internet entry directly (without sending a text), scan the QR Code
graphic on applicable point of sale signage or directly visit www.Heineken.com/US/HolidayKoozie and follow the
on-screen entry instructions to enter and participate in the Instant Win
promotion. 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 2/28/21.
There is
a limit of one (1) entry per person per day, regardless of method of entry. Once registered via the Internet method of entry, 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, 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.
Prizes (5,000): Five thousand (5,000)
prizes will be available to be awarded. Each prize consists of one (1) Heineken
branded holiday koozie, with an approximate retail value (“ARV”) of $2.25.
The ARV of all available prizes: $11,250. 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. 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; and 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.
5. ODDS OF WINNING:
Odds of winning an Instant Win prize are
dependent on the number of eligible entries received divided by the number of
prizes available.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Participants in the Instant Win game who click
on a winning Heineken bottle image 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 and determined at random. If you are a potential Instant Win prize
winner, you will receive an on-screen message stating that you have won the
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.)
You will then be sent a prize claim form via
email or as otherwise designated by Sponsor, 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 during entire Promotion
Period.
Potential Instant Win prize 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 required documentation within the designated time period,
he/she will be automatically disqualified and the
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 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
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 fifty (50) United States or the District of Columbia,
excluding New Jersey. 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 Holiday Koozie Instant Win Promotion, P.O.
Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be
postmarked by 3/31/21 and received by 4/15/21.
12. SPONSOR: HEINEKEN USA Inc.,
White Plains, NY.
©2020 HEINEKEN®
Original and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported
by Heineken USA, White Plains,
NY.