HEINEKEN®
DRY JANUARY HAWAII SWEEPSTAKES
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 DRY JANUARY HAWAII SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY
TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (D.C.)
WHO ARE
TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. 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 Inc. (“Sponsor”), and their respective
parent, subsidiary, and affiliated companies, their respective printers, and
advertising, promotion, an fulfillment agencies, alcoholic beverage suppliers,
wholesalers, distributors, and importers, and alcoholic beverage retailers. All
federal, state, and local regulations apply.
2. START/END
DATES:
The Sweepstakes begins at 12:01 a.m. Eastern Time
(ET) on 12/15/2021 and ends at 11:59 p.m. ET on 1/31/2022.
3. HOW TO ENTER
There are two (2) ways to enter the Sweepstakes:
(a) via SMS or (b) on the Internet.
(a)
SMS Entry: Submit an SMS entry from
your mobile device (“Mobile Device”) by texting “TRYJAN” to 88474. Upon receiving a return text message, click on
the link provided to connect to www.Heineken.com/us/en/promos/TryJanuary
and follow the onscreen entry instructions to enter. Carrier’s standard messaging
and data rates apply. All SMS entries must be submitted by 11:59 p.m. ET on 1/31/2022.
(b) Internet
Entry:
To submit an Internet entry (without sending a text), scan the QR code
on the applicable point of sale signage or visit www.Heineken.com/us/en/promos/TryJanuary
and follow the
on-screen entry instructions to enter. 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 1/31/2022.
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. Limit one (1) entry per person per day
regardless of method of entry. 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 email 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
prize details are at Sponsor’s sole discretion. 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 (1): One
(1) grand prize will be awarded. The grand prize consists of a trip for four (4)
people (winner and three guests, each age
21 or older) to Hawaii and includes: round trip coach airfare for four (4)
people from the Sponsor designated airport servicing winner’s residential home
area to the Sponsor designated airport in Hawaii, hotel accommodations for four
(4) people—two rooms, double occupancy—for five (5) nights per room at the Sponsor
designated hotel on the Sponsor designated Hawaiian island, and one (1) $2,500
gift card from the sponsor designated gift card provider. Gift card subject to the issuing gift card
provider policy terms and conditions.
Total approximate retail value (“ARV”) of grand
prize award: $10,500. Exact
transportation and accommodation details, dates, times, Hawaiian island
destination and terms to be determined at the sole discretion of Sponsor.
Travel and accommodations are subject to availability. Travel may not be taken
over holidays. Blackout dates and other restrictions may apply. All travel must be completed by date determined
by Sponsor (no later than 12/1/2022), at its sole discretion, or prize will be
forfeited.
Once travel is booked, any penalties incurred as a result of changes to flights or accommodations for any
reason are the sole responsibility of winner. In the event the winner chooses
to cancel their trip, or winner or guest chooses not to travel for any reason, Sponsor
shall not award any alternate prize award or compensation and shall have no
liability for any related cancellation fees or additional costs incurred for re-booking
the itinerary at a later date. 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. Hotel accommodations are subject to the terms and conditions set
forth in these Official Rules and those set forth by Sponsor’s hotel of choice.
All travel arrangements are subject to
availability, and any applicable restrictions and regulations, and policies of
the travel providers (airline and hotel) including COVID-19 vaccination or
testing policy, and policies of departure and destination locations (including
national, state, or local entry, vaccination, testing, or quarantine policies,
or prohibitions on entry). Sponsor is not responsible should prize not be
usable in part or in whole due to the foregoing. Prize must be taken in
accordance with government guidelines and COVID-19 rules and restrictions in
both the departure and arrival location.
Any required arrangements and additional costs for any COVID-19 testing,
vaccination or quarantine accommodations that may be required is sole
responsibility of the winner and guests.
Winner and guests must abide by all travel
provider policies and direction, including security and safety
requirements. Sponsor reserves the right
to revoke full or partial prize from winner or any winner’s guest who it and/or
travel provider personnel deem may, in their sole discretion, be intoxicated,
be a safety risk, is disruptive or abusive, have violated any policy or law,
and/or may bring Sponsor into disrepute.
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 fees, meals, incidentals, gratuities, passenger tariffs
or duties, surcharges, airport fees, service or facility charges, airline seat
assignment or baggage check fees, personal charges at lodging, security fees,
taxes, or other expenses, are the sole responsibility of winner. Winner’s guests
must each 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 guests are solely responsible for obtaining any
required travel documents, including where applicable a valid passport, visas, vaccinations,
COVID-19 or other testing requirements and travel insurance. Winner and guests
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 or any portion of the prize award that
have been issued. Any such penalties incurred are the sole responsibility of
winner.
Sponsor will not be
responsible for any travel arrangements that are delayed, rescheduled, postponed or cancelled due to pandemic, any government
restrictions, pandemic regulations or requirements, travel provider restrictions
or policies, weather, Acts of God, force majeure, acts of terrorism, civil
disturbances, work stoppage or any other reason or event that may cause the
delay, rescheduling, postponement or cancellation of any travel arrangements. No refund or compensation will be made in the
event of the cancellation, delay, rescheduling or postponement of any travel
arrangements.
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:
Odds of winning the grand prize are dependent on the number
of eligible entries received.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Potential grand prize winner will be selected in a random
drawing to be held on or about 2/5/2022 to select one (1) potential grand prize
winner. 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 and spoken with directly by phone 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. Note: phone
messages will not be left during the winner notification process.
Potential winner (and each travel guest) will be required
to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity
Release within three (3) days of notification that he/she is a potential
winner. Potential winner will also be
required to submit a valid form of government issued photo ID showing their
valid and current residential address, copy of a Social Security card, along
with providing a completed W-9 form.
No potential winner will be an official winner until any
required paperwork 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 any required paperwork 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:
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 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 residential street address located within the (50)
U.S. or D.C. 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 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 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 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 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 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.
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 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.
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 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.
11. LIST OF WINNERS:
To obtain the name of winner, send a self-addressed,
stamped envelope to Heineken® Dry January Hawaii Sweepstakes Winner List, P.O.
Box 248, Woodbridge, NJ 07095. All requests for name of winner must be
postmarked by 3/15/2022 and received by 3/31/2022.
12. SPONSOR: HEINEKEN USA Inc.,
White Plains, NY.
©2022 HEINEKEN® Original
and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.