DOS EQUIS
CINCO DE MAYO SWEEPSTAKES
Full
Official Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE DOS EQUIS CINCO DE MAYO
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. 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. dba Cervezas Mexicanas (“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 4/1/2023 and ends at 11:59 p.m. ET on 5/8/2023.
3. HOW TO
ENTER – Internet Entry: To enter, scan the QR code on the applicable point
of sale signage using your mobile device’s camera or directly visit www.DosEquis.com/CincoDeMayo and follow the on-screen entry instructions to
enter. (Note: you may also enter the Sweepstakes drawing by finding a
Dos Equis Cinco De Mayo Sweepstakes Sponsored Ad on Social Media {i.e. Facebook, Instagram or Twitter} or
Web Banner Ad, and following the entry instructions to click where indicated to
complete and submit your online internet entry.) 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 5/8/2023.
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 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 Sweepstakes 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
winner are allowed, but Sponsor reserves the right to substitute a prize of
equal or greater value at its sole discretion.
·
NOTE: If eligible entries
are less than the scheduled number of prizes available, then the associated
prize award(s) shall not be awarded. Maximum of three (3) winners shall be
selected from among residents of any individual State.
·
Sponsor
reserves the right in its sole discretion to substitute any prize award with an
alternate prize award of approximate equal or greater value, based upon
availability.
Grand
Prize (5): Five
(5) grand prizes will be awarded. Each grand prize consists of a Dos Equis Backyard Fiesta including: catering from a Sponsor designated Mexican restaurant
or a local food truck (if available) for a Cinco De Mayo celebration, with a
maximum value of $500; a local disc jockey or music service to provide music
for the Fiesta, with a maximum value of $500, and one (1) $100 gift card from
the Sponsor designated gift card supplier towards Cinco De Mayo decorations and
party supplies. Gift card subject to the
terms and conditions of the issuing gift card supplier policy. Sponsor reserves the right to award a gift
card from an alternate gift card provide in its sole discretion. Mexican restaurant or food truck, and date
and time of delivery shall be as solely determined and designated by Sponsor,
based upon availability and subject to change.
Sponsor reserves the right to substitute alternate prize awards of approximate
equal value in lieu of any element of the prize award, based upon availability
and in its sole discretion. Approximate
retail value (“ARV”) of each grand prize award:
$1,100. Total ARV of all
available prize awards: $5,500.
Prize award shall be delivered via email (for
e-gift card) or shipped only to the winner’s registered email address or
residential address as provided at the time of entry and winner notification,
via USPS or other Sponsor designated shipping/mail carrier, or as otherwise
designated by Sponsor. Once emailed or
shipped, prize shall be considered awarded and fulfilled, and Sponsor shall not
be responsible for any lost, late, undelivered, misdirected, damaged or stolen
delivery, any incorrect shipping address provided, any incorrect email address
or failure of any email delivery including blocked emails
or any email received in junk or spam folders (winner is solely responsible for
checking junk and spam email folders for delivery). 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 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 a prize are dependent on the number of
eligible entries received as of the date and time of each prize drawing as
outlined below.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Potential prize winners will be selected in a series of random
drawings to be held on or about 4/11/2023, 4/18/2023, 4/25/2023, 5/2/2023, and
5/9/2023 to select one (1) potential prize winner per drawing date from among
all eligible entries received as of the date and time of each drawing (five (5)
total winners).
Drawing will be conducted by Sponsor or its appointed
agent, and all decisions are final. Potential winners will be contacted by
telephone and/or email. If any 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, time permitting. Upon forfeiture of any prize, no
compensation will be given.
Each potential winner 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 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
winner 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 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 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 e-mail 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 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 winners, send a self-addressed,
Dos Equis Cinco De Mayo Sweepstakes, P.O. Box 248,
Woodbridge, NJ 07095. All requests for name of winner must be postmarked by 7/8/2023
and received by 7/15/2023.
12. SPONSOR: Cervezas Mexicanas,
White Plains, NY.
Enjoy XX
Responsibly
©2023 DOS EQUIS® XX Special Lager. DOS
EQUIS® XX AmbAr Beer. Imported by Cervezas Mexicanas, WHITE PLAINS,
NY.