DOS EQUIS
POP-A-SHOT 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 DOS EQUIS POP-A-SHOT SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO
LEGAL RESIDENTS OF THE UNITED STATES WHO ARE TWENTY-ONE (21) YEARS OF AGE OR
OLDER AS OF DATE OF ENTRY AND RESIDE IN THE STATES OF IL, IA, KS, KY, MI, TN
AND TX. 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 United States residing in the states of IL, IA, KS, KY, MI, TN and TX
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 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 Sweepstakes begins at 12:01 a.m. Eastern Time
(ET) on 3/1/2021 and ends at 11:59 p.m. ET on 4/5/2021.
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 “XXHOOPS” to 77000. Upon receiving a return text message, click on
the link provided to connect to www.DosEquis.com/Hoops
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 4/5/2021.
(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.DosEquis.com/Hoops 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 4/5/2021.
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 prize details are at Sponsor’s sole discretion. The
actual make and model of prizes included will be
determined by Sponsor in its 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.
Grand
Prizes (35): Thirty-five (35) grand
prizes will be awarded. Each grand prize consists of a Dos Equis
branded Pop-A-Shot basketball game set. Make, model, color, options as solely
determined and designated by Sponsor, and subject to availability. Approximate retail value (ARV) of each grand
prize: $300. ARV of all grand prizes: $10,500.
There will be seven (7) prize pools:
·
Ten
(10) winners will be selected from residents of IL;
·
Five
(5) winners will be selected from residents of IA;
·
Five
(5) winners will be selected from residents of KS;
·
One
(1) winner will be selected from residents of KY;
·
Five
(5) winners will be selected from residents of MI;
·
Six
(6) winners will be selected from residents of TN;
·
Three
(3) winners will be selected from residents of TX;
Prize awards shall be shipped to winner only to the
registered residential address provided at the time of entry and winner notification, and shall be shipped via the shipping carrier
as solely determined and designated by Sponsor.
Once shipped, prize shall be considered delivered to winner and Sponsor
shall have no responsibility for any shipment that is delayed, damaged, lost, misdelivered or stolen.
Winner shall look solely to shipping carrier for any delayed, damaged,
lost, misdelivered or stolen shipment.
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 solely the responsibility of
winner.
All federal, state, and
local taxes, fees, and surcharges on any prize are solely the responsibility of
winner of the prize.
5. ODDS OF WINNING:
Odds of winning a prize are dependent on the number of
eligible entries received per prize pool, as outlined above.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Potential Prize winners will be selected in a random
drawing to be held on or about 4/6/2021 from among all eligible entries
received, to select a total of thirty-five (35) winners, per prize pools as outlined
above. Drawings 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. Upon forfeiture of any prize, no
compensation will be given.
Potential 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 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 IL, IA, KS, KY, MI, TN or TX. 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 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 http://heinekenusa.com/privacy-cookie-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 a list of winners, send a self-addressed,
Dos Equis Pop-A-Shot Sweepstakes, P.O. Box 248,
Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 5/15/21
and received by 5/31/21.
12. SPONSOR: Cervezas Mexicanas, White Plains, NY.
Enjoy XX
Responsibly
©2021 DOS EQUIS® XX Special Lager. DOS
EQUIS® XX AmbAr Beer. Imported by Cervezas Mexicanas, WHITE PLAINS,
NY.