HEINEKEN® RACING JACKET CHARITY ONLINE AUCTION

Full Official Rules

THE HEINEKEN® RACE JACKET CHARITY ONLINE AUCTION (“AUCTION”) 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. AUCTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.

BY ENTERING AND SUBMITTING A BID, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING OR PARTICIPATING. 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.

THE WINNING BID IN THE CHARITY ONLINE AUCTION SHALL BE DONATED TO THE SPONSOR DESIGNATED CHARITY: WINGS OF LIFE SPINAL CORD RESEARCH FOUNDATION (https://www.wingsforlife.com/uk/).

1. ELIGIBILITY:

The Auction 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 in the charity auction: employees, officers, and directors of HEINEKEN USA Inc. (“Sponsor”), Million Dollar Media (“Administrator”), 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 Auction begins at 5:00 p.m. Eastern Time (ET) on 11/18/2024 and ends at 11:59 p.m. ET on 12/1/2024.

3. HOW TO BID – Internet Auction: To place your bid, visit www.Heineken.com/us/en/promos/racejacket and follow the on-screen instructions to create your account. Each entrant will then have the option to submit a bid on the Heineken Racing Jacket available to the highest bidder in the auction. Auction bids are subject to the following criteria and requirement:

· The minimum bid to start the auction shall be: $750

· In order to submit an eligible auction bid, the bid must exceed the current highest bid received in the auction as of the date and time of the bid by a minimum of $25. Bids may be submitted in incremental amounts of $25, $50, $75 or $100 or any custom amount that is higher than the previous highest bid received, subject to bid restrictions on the Auction website.

· The winning bidder shall be required to submit their winning bid amount as a donation to the Sponsor designated charity: Wings for Life Spinal Cord Research Foundation.

By submitting an entry and charity auction bid, entrants fully and unconditionally agree to be bound by these Official Rules of the Auction and the decisions of Sponsor and its appointed agents, which will be final and binding in all matters relating to the Auction.

Any entry submitted on behalf of another individual or using another individual’s information, providing any incorrect, inaccurate, fake or false information during registration, shall result in all such entries being disqualified.

4. WINNER BIDDER SELECTION, NOTIFICATION, AND VERIFICATION:

At the conclusion of the online Charity Auction period, on or about 12/2/2024, the entrant with the winning bid (highest eligible bid) from among all eligible auction bids received, shall be solely determined and designated by Sponsor or Administrator. There shall be a maximum of one (1) winning bidder determined. Determination of the winning bidder will be conducted by Sponsor or its appointed agent, and all decisions are final.

The potential winning bidder will be contacted by telephone and/or email. If the potential winning bidder cannot be reached within 24-hours of the initial notification attempt, if any notification is returned as undeliverable, if the potential winning bidder rejects completing the required donation payment, or in the event of noncompliance with these Official Auction Rules, the featured Auction Item will be forfeited and the bidder with the next highest eligible bid received will be selected from among all entries and bid submissions. Upon forfeiture or disqualification, no alternate auction item will be available.

The potential winning bidder shall be required to submit payment of their winning bid directly to the Sponsor designated charity: Wings of Life Spinal Cord Research Foundation. Payment of the winning bid must be submitted as instructed by Sponsor via credit card or check prior to the required deadline, within 7-days of notification. If the entrant designated as the winning bidder fails to submit the required donation payment within the required deadline, that entrant shall be disqualified and the entrant with the next highest eligible bid received will be selected from among all entries and bid submissions. Sponsor will not provide donation or tax paperwork, which shall instead be sought solely from the Sponsor designated charity.

The entrant designated as the winning bidder shall also be required to sign and return, where legal, a Declaration of Eligibility and Liability/Publicity Release within 2-days of receipt and notification that he/she is the potential winning bidder. The potential winning bidder will NOT be the official winning bidder until the required donation payment has been received, and the required paperwork has been returned and eligibility has been formally verified by Sponsor. If the potential winning bidder fails to comply with these Official Auction Rules and/or to submit the required donation payment or any required paperwork within the designated time period, he/she will be automatically disqualified and the auction item will be awarded to the next highest bidder as outlined above.

5. AUCTION ITEM:

All details related to the Auction Item made available for bid are at Sponsor’s sole discretion. Any auction item depiction is for illustrative purposes only and shall not be relied upon. The featured auction item is not transferable or redeemable for cash.

Auction Item: The entrant determined as the winning bidder shall receive: Limited Edition Heineken Racing Jacket. Make, design, color, size and style as solely determined and designated by Sponsor.

You agree that the Auction item is sold “as is” and in the condition that it is in at the time of the Auction. The absence of reference to the condition and functionality of the Auction item in its online descriptions does not imply that the Auction item is free from faults or imperfections, and you acknowledge and agree to take all necessary care in inspecting the Auction item and information available to satisfy yourself with their condition, the accuracy of its description, and its characteristics prior to bidding.

6. LICENSE AND RELEASE:

By participating, submitting a charity auction bid and/or accepting the Auction item as the winning bidder, 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 Charity Auction, or participation in, possession, acceptance, and/or use or misuse of any auction item or participation in any Auction-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 the featured Auction Item cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Entrants who do not comply with these Official Auction Rules or who attempt to interfere with this Online Charity Auction in any way shall be disqualified.

7. ADDITIONAL TERMS:

Sponsor reserves the right to alter, suspend, or terminate the Online Charity Auction at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Auction becomes or is likely to become compromised in any way. In the event the Auction is terminated prematurely, all eligible entries and auction bids received prior to the Auction termination or suspension date will be included in the determination of the winning bidder. No automated devices, bots, and/or other programs and/or software are permitted. All submitted bids become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Delivery of the auction item to the winning bidder 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 or bids, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed submitted and received by Sponsor 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 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. The potential winning bidder may be requested to provide Sponsor with proof that the potential winning bidder is the authorized account holder of the email address associated with the winning bid submission.

If for any reason the Auction 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 Auction, 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 Auction. 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 or bids. 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 or bid 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 Auction.

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 Auction based upon any such error without liability. In no case will more than the advertised number of auction items 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 Auction materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

By placing a bid, you represent and warrant that: (i) all information that you provide or have provided pursuant to your participation in the Auction is truthful and accurate, and you have not made any misstatement or committed any fraudulent acts or omissions in your participation in the Auction; (ii) you have the full right and authority to place a bid, participate in the Auction, and/or enter into these Terms and Conditions, and the consent of no other party will be required for you to engage in the foregoing; (iii) you are at least twenty-one (21) years of age or older and the age of majority in the jurisdiction in which you reside, and meet all eligibility requirements contained herein; (iv) you have complied with, and will at all times comply with these Terms and Conditions and all terms contained herein; and (v) you are and will remain in compliance with all applicable laws, rules, and regulations, and will not engage in any action that will result in you and/or the Released Parties violating any applicable laws, rules, and/or regulations, in your participation in the Auction.

You acknowledge that you have had the opportunity read the full Terms and Conditions and to consult an attorney before placing a bid, participating in the Auction, and before accepting these Terms and Conditions, and will have accepted these Terms and Conditions after having the opportunity to consult with an attorney of your own choosing. As a condition of placing a bid, it is your responsibility to comply with all applicable tax, duty, or any and all other payments associated with the purchase of the Auction item.

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 Auction 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 AUCTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE AUCTION.

8. 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 Online Chairty Auction. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Auction 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 Auction, 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.

9. 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 Auction, 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.

10. SPONSOR: HEINEKEN USA Inc., White Plains, NY.