DOS EQUIS MASQUERADE 2013 PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN. Purchasing a product will not improve your chances of winning.
The DOS EQUIS MASQUERADE 2013 PROMOTION (“PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY THIS SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
This Promotion consists of three (3) parts: (a) a random draw grand prize sweepstakes (“Grand Prize Sweepstakes”). (b) A random draw secondary prize sweepstakes (“Secondary Prize Sweepstakes”) (only Instagram entrants as well as entrants from NJ and TX are eligible), and (c) a random chance instant win program (“Instant Win Program”) for all entrants except residents of New Jersey and Texas and Instagram entrants. Collectively the Instant Win Program, the Grand Prize Sweepstakes and the Secondary Prize Sweepstakes will be referred to as the “Promotion.” The eligibility and time frame for entering each part will differ as set forth below.
1. ENTRY PERIOD:
a. Grand Prize Sweepstakes: The random draw Grand Prize Sweepstakes begins at 12:01 a.m. Eastern Time (“ET”) on 9/1/13 and ends at 11:59 p.m. ET 11/1/13. (“Grand Prize Sweepstakes Period”). All legal U.S. residents who are 21 or older are eligible to enter for a chance to win a grand prize. Entrants using codes requested by mail as set forth in Section 2 below must have their requests postmarked by 11/1/13 and the request must be received by 11/6/13 in order to receive a code to enter for a chance to win a grand prize. Codes will be sent back via E-MAIL, and MUST BE ENTERED AT www.dosequis.com/masquerade by 11:59 p.m. ET on 11/8/13 to be eligible for a chance to win a grand prize.
b. Secondary Prize Sweepstakes: The random draw Secondary Prize Sweepstakes (limited to Instagram entrants, e-mail entrants, and residents of NJ and TX regardless of method of entry) begins at 12:01 a.m. Eastern Time (“ET”) on 9/1/13 and ends at 11:59 p.m. ET on 11/30/13.
c. Instant Win Prize Program: Eligible residents of all states who are not Instagram entrants, e-mail entrants, or residents of NJ or TX are eligible to win an instant prize. All eligible entries received beginning at 12:01 a.m. ET on 9/1/13 and ending at 11:59 p.m. ET on 11/30/13 are eligible to win an instant prize.
There is an exception for entrants using codes requested by mail as set forth in Section 2 below. Potential entrants requesting codes by mail must have their requests postmarked by 11/30/13 and the request must be received by 12/4/13 in order to receive codes to enter for a chance to win a secondary or instant prize. Codes will be sent back via E-MAIL, and MUST be entered at www.dosequis.com/masquerade by not later than 11:59 p.m. ET on 12/6/13. All other code entries must be received by 11:59 p.m. ET on 11/30/13.
2. HOW TO ENTER:
There are three (3) ways to enter:
a. Codes: By entering the unique code found on labels on bottles of 6- or 12-packs of Dos Equis Lager Especial or Ambar Beer at www.DosEquis.com/Masquerade. (Entry codes found on bottles must be entered by 11:59 p.m. ET on 11/1/13 to qualify for a chance to win a grand prize.) OR,
To obtain a free entry code by mail, send a written request to Dos Equis Masquerade – Free Code Request, P. O. Box 248, Woodbridge, NJ 07095. Include your name, telephone number (including area code), EMAIL address, and date of birth as part of your request. In order to enter for a chance to win a grand prize, mailed requests for codes must be postmarked by 11/1/13 and received by 11/6/13. You may request a code as often as you wish, but each request must be mailed in a separate outer envelope. Codes will be sent back via E-MAIL and MUST be entered at www.dosequis.com/masquerade by not later than 11:59 p.m. ET on 11/8/13 to be eligible for a chance to win a grand prize. In order to enter for a chance to win an instant or secondary prize, mailed requests for codes must be postmarked by 11/30/13, and the request must be received by 12/4/13. Codes will be sent back via E-MAIL and MUST be entered at www.dosequis.com/masquerade by not later than 11:59 p.m. ET on 12/6/13 in order to be eligible for a chance to win a secondary or instant prize.
Regardless of method used to acquire codes, they must be entered at www.dosequis.com/masquerade by the deadlines specified in order to be eligible for a chance to win a prize.
If you enter the Promotion using a Mobile Device on a wireless service provider’s network (as opposed to on a Wi-Fi network), your carrier’s text and data rates apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.
c. E-mail: You may also enter by sending an e-mail to Photo@DosEquisMasquerade.com and attaching a photo. You may enter via this method as often as you wish, but limit one (1) photo per e-mail. Please include your name, mailing address, and date of birth in your e-mail.
Eligible entrants who enter using either Instagram or e-mail will receive one (1) entry into the Sweepstakes for each photo. While not mandatory, you should try to include an image of Dos Equis Lager Especial or Ambar Beer or one of our special masquerade masks in the photo. Whether or not the product image is included will not affect your chance of winning.
All entry information and photographs shall be collectively referred to herein as the “Submissions” or each as a “Submission.” By entering, each entrant warrants and represents the following with respect to his/her Submission: that each submitted photograph (a) was taken by entrant and is his/her original work; (b) does not incorporate or include anything that would require the consent of any third party, including persons who have not provided their written consent (which shall be provided to Sponsor upon request thereof) to be photographed and the photograph to be used as permitted herein, or no third-party (non-Heineken) trademarks; (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party; and (d) does not violate these Official Rules, including the usage guidelines found herein.
Furthermore, by submitting an entry, entrant grants to Sponsor the right to display or otherwise use the photograph. Winning entries will grant Sponsor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license and right to use, display, reproduce, publish, distribute, make derivative works of, and otherwise commercially and non-commercially exploit the winning photographs as a condition of being selected a winner.
3. Photograph Guidelines
Each entry must comply with the following requirements:
· Photographs submitted via e-mail must be in JPEG or PNG format. Photographs must not exceed 5 MB. Photographs submitted via Instagram do not have to be in any particular format.
· Photographs cannot have been submitted previously in a promotion of any kind.
· Photographs should be created by you, and by entering them in Sweepstakes, entrant warrants and represents that he/she is the sole author of each submitted photograph. Entrant further represents and warrants that he/she has secured permission from each and every other person in the photograph to post his/her image on the Internet. If a submitted photograph was taken by someone other than entrant, entrant must obtain a written transfer of ownership from the photographer transferring all photograph rights to entrant and must provide a copy of the written transfer agreement to Sponsor upon request, or the entry may not be considered. If, at any point, a dispute as to ownership of a photograph arises or a right of publicity issue is raised, the entry may not be considered, in Sponsor’s sole discretion.
All photographs will be evaluated by Sponsor to determine whether all individuals reasonably appear to be over the age of twenty-one (21) and whether the photographic content is in compliance with Sponsor’s Advertising Code and The Beer Institute’s Advertising and Marketing Code. The Beer Institute’s Advertising and Marketing Code can be found at www.beerinstitute.org/assets/uploads/BI-AdCode-502011.pdf.
Photographs deemed by Sponsor, at its sole discretion, to fall into any of the following categories will be automatically disqualified:
· Photographs that reflect irresponsible or excessive consumption.
· Photographs deemed to be disparaging of Sponsor, its brands, or anyone else.
· Photographs containing any use of profanity, obscenity, nudity, racism, or sexual content.
· Photographs promoting images and/or the use of drugs, (legal or illegal), tobacco, or firearms or other weapons.
· Photographs promoting any activity that may appear to be unsafe and/or dangerous.
· Any photograph that Sponsor deems to be contrary to The Beer Institute’s Advertising and Marketing Code.
Photographs may not contain any of the following or they will be automatically disqualified:
· Material that promotes bigotry, racism, hatred, or harm or violence against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
· Material advertising or promoting any brand or product of any kind other than Sponsor’s and the Strongbow product images.
· Material containing any trademarks, logos, or trade dress (such as distinctive packaging or phraseology) owned by any entity other than Sponsor.
· Copyrighted material owned by any entity other than Sponsor (including photographs and other works of art or images).
· Material embodying the names, likenesses, or other indicia identifying any person other than Sponsor and the Strongbow product images, including, without limitation, celebrities and/or other public or private individuals, living or dead.
· Material containing any personal identification, such as names, street addresses, or e-mail addresses other than those of Sponsor.
· Material identifying any retail licensee, either on-sale or off-sale.
· Material promoting any particular political party, agenda, or message.
· Material communicating any messages or images inconsistent with the positive image and/or goodwill Sponsor wishes to project.
Entrants will be notified by e-mail of any disqualification and encouraged to submit another photograph. If a photograph is accepted, entrant will not receive any notification and the photograph will be posted on Dos Equis’ Instagram page.
By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes. All entries must be submitted by the dates set forth in Section 1 above. By submitting an entry, entrants are automatically entered into both the Grand Prize Sweepstakes (if submitted by the deadline set in Section 1a above) and the Secondary Prize Sweepstakes or the Instant Win Program depending on method of entry or state of residence as set forth above in Sections 1b and 1c, and as noted in the Eligibility Section (Section 4) below. Instagram and e-mail entrants may submit as many photos as desired. One photo per submission and each photo counts as one (1) entry. Code entrants may also submit as many entries as desired. Those requesting codes by mail may submit as many written requests for codes as desired, but each request must be in a separate outer envelope with sufficient postage. If an envelope contains more than one (1) request all requests for codes in that envelope will be declared void and discarded. Please note that there is 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 promotions, regardless of brand, except that entrants, except that in the case of this Promotion grand prize winners are also eligible to receive one (1) secondary prize or instant-wine prize.
Heineken USA Inc. (“Sponsor”) reserves the right to alter, suspend or terminate the Promotion without notice if, in Sponsor’s sole discretion, the integrity of Sweepstakes becomes compromised in any way. In the event the Promotion is terminated prematurely, all eligible entries received prior to the Promotion being compromised will be included in the 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 (no P.O. Boxes) located within the 50 United States or the District of Columbia. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or for postage-due requests for codes, 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.
Open to legal residents of the 50 United States (& DC) who are 21 years of age or older as of date of entry. All eligible residents of the U.S. who enter within the prescribed dates are eligible for a chance to win a grand prize. Residents of NJ and TX, Instagram Entrants, and Email Entrants are not eligible for the Instant Win Program, but are eligible for the Secondary Prize Sweepstakes. All entrants not residing in NJ and TX who entered the Promotion by entering a code at www.dosequis.com/masquerade are eligible for participation in the Instant Win Program. The following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate households (whether related or not) are not eligible for participation: employees, officers and directors of Sponsor and its parent, subsidiary and affiliated companies, alcoholic beverage suppliers, wholesalers, distributors and importers, alcoholic beverage retailers and Sponsor’s advertising and promotion agencies. All federal, state and local regulations apply.
No part of any prize includes any alcoholic beverages. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. 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. All taxes, fees and surcharges on prizes are the sole responsibility of winner.
a. Grand Prizes: Four (4) grand prizes will be awarded. Each grand prize consists of a trip for two to Miami, Florida and includes coach airfare for two from the gateway airport nearest winner’s residence, hotel accommodations for two (one room, double occupancy) for two (2) nights, $450.00 in spending money, and admittance to the Dos Equis Masquerade Ball to be held Thursday, 12/12/13. ARV each grand prize: $2060.00. ARV all grand prizes: $8240.00. The actual value of the prize may differ depending on winner’s proximity to Miami.
Exact transportation and accommodation details, dates, times and terms to be determined at the sole discretion of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Blackout dates and other restrictions may apply. All travel must completed by 12/9/13 or prize will be forfeited. Once travel is booked, any penalties incurred as a result of changes to flights, are sole responsibility of winner. Travel is subject to the terms and conditions set forth in these rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and travel costs incurred as a result of seeking or winning a prize are the sole responsibility of winner. Any expense or cost not expressly stated in the description of the prize above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the sole responsibility of winner. Travel companion must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel must be round trip. Winners and travel companions are solely responsible for obtaining any required travel documents, and travel insurance. Winner and travel companion must execute liability/publicity releases 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 that have been issued. Any such penalties incurred are the sole responsibility of winner.
b. Instant Win Prizes: One hundred eighty (180) G-Shock Watches will be awarded as described in Section 8. ARV each instant-win prize: $65.00. ARV all instant win prizes: $11,700.00.
c. Secondary Sweepstakes Prizes: One hundred twenty (120) G-Shock Watches will be awarded as described in Section 8. ARV each secondary prize: $65.00. ARV all secondary prizes: $7,800.00.
ARV all prizes: $27,740.00.
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 over $599.00 will be issued an IRS Form 1099-MISC early next in the year following 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.
7. ODDS OF WINNING:
Odds of winning a grand prize are dependent on the number of eligible entries received.
Odds of winning a secondary prize are depending on the number of eligible entries received.
The odds of winning an instant prize will depend on the number of entries by code on any given day. Approximately two (2) instant prizes will be awarded per day.
Winners of secondary and instant-win prizes are eligible to win a grand prize provided their entries have been received by the deadline set forth for entry for a chance to win the grand prize. Limit of one (1) grand prize and one (1) secondary or instant-win prize per person or household.
8. WINNER SELECTION, NOTIFICATION AND VERIFICATION:
a. Grand Prize Winners: Entrants from all states are eligible to win a grand prize regardless of method of entry. Potential winners will be selected in a random drawing of all eligible entries received, to be held on or about 11/11/13. Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final.
All grand prize winners will be required to sign and return, where legal, an Affidavit of Eligibility and Liability and Publicity Release within two (2) days of notification that they are a potential winner. No winner will be an official winner until his/her eligibility, liability and publicity release has been returned and eligibility has been formally verified by Sponsor. If any winner fails to comply with the Official Rules and/or to submit the required documentation within the designated time period, he/she will automatically be disqualified and the prize may be awarded to an alternate winner.
b. Secondary Prizes: Entrants from New Jersey and Texas and all entrants using the Instagram or E-mail method of entry are eligible to win a secondary prize. Potential winners will be selected in a series of random drawings of all eligible entries received, to be held on the dates set forth below. Drawings will be conducted by Sponsor or its appointed agent, and all decisions are final.
d. Instant-Win Prizes: Anyone entering a code at www.DosEquis.com/Masquerade (except those individuals residing in New Jersey and Texas and those who entered via the Instagram or e-mail methods) are also eligible to win an instant prize. A total of one hundred eighty (180) instant prizes will be randomly awarded to eligible entrants during the period beginning 9/1/13 and ending at 11:59 p.m. ET on 11/30/13 at the rate of approximately two (2) per day. The odds of winning an instant prize will depend on the number of entries by code on any given day. Instant prizes will be set aside for those requesting codes by mail whose requests are postmarked by 11/30/13 and received by 12/4/13. Codes requested by mail must be entered at the URL set forth above by 11:59 p.m. ET on 12/6/13.
Potential prize winners will be contacted by telephone. If any potential prize winner cannot be reached within forty-eight (48) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential grand prize winner rejects his/her prize or in the event of non-compliance with these Official rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given. Limit one grand prize and one secondary or instant-win prize per person or household. Instant and secondary prize winners will be required to sign and return a Declaration of Eligibility and Liability and Publicity Release form and return it within two (2) days of notification that they are a potential prize winner.
Participation in Sweepstakes and acceptance of a prize constitutes winners’ and guests’ permission for Sponsor or its agents to photograph, film and record each winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her 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, winners and guests acknowledge and agree to release and hold harmless Sponsor, its advertising and promotion 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 which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of 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 or substitutions or omissions whatsoever by any transportation companies or 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 attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
10. ADDITIONAL TERMS:
In case of dispute as to the identity of any SMS entrant, an entry will be declared as made by the authorized account holder of the wireless phone used for entry. In case of a dispute as to the identity of any Internet entrant, entries 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 or Entry Code requests, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect 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, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network 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 web site, 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 any materials in the Promotion. Sponsor and its agents are not responsible for printing, distribution or production errors and may rescind, cancel, suspend, modify or revoke this Promotion based upon any such error without liability in their sole discretion. Sponsor’s liability for Entry Codes containing printing or other errors is limited to replacement of such Entry Code with another Entry Code. If by a 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 will be awarded. Attempts to re-use or re-enter any Entry Code will be void. Entry Codes that are not verified or recognized as valid by Sponsor or that are deemed as previously entered and used will be void and not eligible to win a prize, even if Promotion should so indicate. Anti-fraud detection devices may be used for verification purposes.
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 YOUR ACCESS TO AND USE OF THE WEBSITES AND/OR THE PROMOTION, OR YOUR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION
11. DISPUTES; 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 & RULES. For any matters which 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.
12. USE OF DATA:
13. LIST OF PRIZE WINNERS
To obtain a list of prize winners send a self-addressed, stamped envelope with sufficient postage to Dos Equis Masquerade Winners List, P. O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 11/30/13 and received by 12/15/13.
12. SPONSOR: Heineken USA Inc. dba Cervezas Mexicanas, New York, NY.
Enjoy Dos Equis Responsibly.
©2013 DOS EQUIS Lager Especial and Amber Beer. Heineken USA Inc., dba Cervezas Mexicanas, New York, NY.