NEWCASTLE BASKETBALL PROMOTION

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. Purchasing a product will not improve your chances of winning.

 

THE NEWCASTLE BASKETBALL PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (UNLESS OTHERWISE NOTED BELOW) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. THIS PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

 

This Promotion consists of two parts: a Random Chance Instant Win (“Instant Win”) Program and a Random Chance Sweepstakes (“Sweepstakes”). Collectively, the Instant Win Program and the Sweepstakes will be referred to as the “Promotion” and the Instant Win Period and the Sweepstakes Period as the “Promotion Period.” Entrants must be twenty-one (21) years of age or older as of date of entry.

 

THE INSTANT WIN PROGRAM is only open to legal residents of the Fifty (50) United States and the District of Columbia except residents of New Jersey and Texas. Void in New Jersey and Texas.

 

THE SWEEPSTAKES is only open to legal residents of the United States residing in New Jersey and Texas.

 

1.            ENTRY PERIOD

The Instant Win Program begins at 12:01 a.m. Eastern Time (ET) on 3/1/14 and

 ends at 11:59 p.m. ET on 4/14/14 or when all Instant Win prizes have been

 awarded, whichever is earlier. The Sweepstakes begins at 12:01 a.m. ET on

 3/1/14 and ends at 11:59 p.m. ET on 4/14/14.

 

2.         HOW TO ENTER

 

During the Promotion Period (defined above), tweet about the basketball tournament from your mobile device or your computer using the hashtag #UnofficialUnderdog. Each tweet will count as an entry, and you may enter only once per day. Twitter’s Terms of Use apply. For details, visit http://twitter.com/tos.

 

Your entry tweet must contain original text created by you and may not include any content that violates the rights of third parties, such as the names of schools, teams, or players.

 

Heineken USA Inc. dba Newcastle Importers (“Sponsor”) reserves the right, in its sole and absolute discretion, to disqualify any entries that are inappropriate for any reason, including, without limitation, for depicting or mentioning sex, violence, drugs, inappropriate use of alcohol, racial or ethnic discrimination, and/or inappropriate language.

 

If you enter the Sweepstakes using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will 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. You may also tweet via your computer for free.

 

You must be an active holder of a Twitter account to be eligible to enter this Promotion. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, or any other methods will void that entrant’s entries, and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter account, the authorized account holder of the Twitter account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a Twitter account by Twitter. A potential winner may be required to show proof of being the authorized account holder. By entering, each entrant warrants and represents the following with respect to his/her Twitter account: (a) entrant is the sole and exclusive owner of the account and (b) the information is entrant’s own and will not infringe on any rights of any third parties. 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 Promotion. By submitting an entry, entrants (except residents of New Jersey and Texas) are automatically entered into the Instant Win Program. Residents of New Jersey and Texas are automatically entered into the Sweepstakes. 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 promotions, regardless of brand.

 

Sponsor also reserves the right to alter, suspend, or terminate the Promotion without notice if, in Sponsor’s sole discretion, the integrity of the Promotion becomes compromised in any way. In the event the Promotion is terminated prematurely, all eligible entries received prior to the Promotion being terminated will be entered into a random drawing. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned, and may be used in social media marketing materials. Sponsor is not responsible for late, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Delivery of a prize will require a street address (no P.O. Boxes) located within the Fifty (50) United States and the District of Columbia (except those states where the Promotion is prohibited). Proof of submission will not be deemed to be proof of receipt by Sponsor.

 

3.         ELIGIBILITY

 

Open 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 as set forth directly below. 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 promotional agencies. All federal, state, and local regulations apply.

 

Instant Win: The Instant Win portion of this Promotion is open only to legal residents of the Fifty (50) United States and the District of Columbia (except residents of New Jersey and Texas) who are twenty-one (21) years of age or older at time of entry. This portion of the Promotion may only be entered in or from the United States and the District of Columbia (excluding New Jersey and Texas), and entries originating from New Jersey, Texas, or other jurisdictions outside the United States are not eligible. You are not authorized to participate in the Instant Win Program if you reside in New Jersey, Texas, or outside the United States.

 

Sweepstakes: The Sweepstakes portion of this Promotion is open only to legal residents of the United States residing in New Jersey and Texas who are twenty-one (21) or older at time of entry.

 

4.         PRIZES

 

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.

 

Instant Win Prizes: The following prizes will be awarded on a random basis to qualified entrants from all states and the District of Columbia except New Jersey and Texas.

·         Sixty-seven (67) $125 sneaker gift cards.

·         Sixty seven (67) duffel bags. Approximate retail value (ARV) of each: $37.50.

·         Two hundred fifty (250) wristbands. ARV of each: $2.17.

 

ARV of all Instant Win prizes: $11,430.

 

Sweepstakes Prizes (New Jersey and Texas residents only):

 

·         Five (5) $125 sneaker gift cards.

·         Five (5) duffel bags. ARV of each: $37.50.

·         Twenty-five (25) wristbands. ARV of each: $2.17.

 

ARV of all Sweepstakes prizes: $866.75.

 

Total ARV of both Instant Win and Sweepstakes prizes: $12,296.75.

 

All expenses 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 prizes above is the sole responsibility of winner.

 

All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize.

 

5.         ODDS OF WINNING

 

Instant Win: Odds of winning an Instant Win prize will be dependent on the number of eligible Instant Win entries received divided by the number of prizes available. Limit one (1) Instant Win prize per person or household.

 

Sweepstakes: Odds of winning a Sweepstakes prize will be dependent on the number of eligible entries received from New Jersey and Texas.

 

6.         WINNER SELECTION, NOTIFICATION, AND VERIFICATION

 

Instant Win: Potential Instant Win prize winners will be selected at random.

 

Sweepstakes: Potential Sweepstakes winners will be selected in a random drawing of all eligible entries received, to be held on or about 4/16/14. Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final.

 

Potential winners of both the Instant Win Program and the Sweepstakes will receive a direct message from Sponsor through the Twitter account used to enter the Promotion. All potential winners will be required to respond to the direct message and provide contact details within two (2) days of receipt. If any potential winner does not respond to the direct message or provide contact details within the required time frame, prize will be forfeited and awarded to another winner. If any prize is returned as undeliverable, if any 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 all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given. Limit one (1) prize per person or household.

 

Please note that you are not officially a winner until your eligibility has been verified and you have fully complied with these Official Rules.

 

Potential winners of sneaker gift cards will be required to sign and return, where legal, a Declaration of Eligibility and Liability/Publicity Release within two (2) days of response to the notification that they are a potential winner. No potential winner will be an official winner until his/her Affidavit of Eligibility and Liability/Publicity Release 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 the required documentation within the designated time period, he/she will automatically be disqualified, and the prize may be awarded to an alternate winner.

 

7.         CONDITIONS

 

Participation in Promotion and acceptance of prize constitutes winner’s 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 and winners acknowledge and agree to release and hold harmless Sponsor, its 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 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 in order to participate. A purchase does not increase odds of winning.

 

8.         ADDITIONAL TERMS

 

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, 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, or theft, destruction, or 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 Web site, or 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, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Promotion 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.

 

Caution: Any attempt by an entrant to deliberately damage any Web site 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 ENTRANT’S ACCESS TO, AND USE OF, THE WEB SITES AND/OR THE PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEB SITES ASSOCIATED WITH THE PROMOTION.

 

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, this Promotion. Any controversy or claim arising out of, or relating to, these Official Rules and/or this 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 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 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.

 

10.       USE OF DATA

 

Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy at http:// www.heineken.com/us/disclaimer.aspx. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

 

11.       LIST OF WINNERS

 

To obtain a list of winners of the sneaker gift cards and duffel bags, mail your request to: Newcastle Unofficial Underdog – Winner List Request, P.O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be received by 4/30/14.

 

12.       SPONSOR: Heineken USA Inc. dba Newcastle Importers, New York, NY.

 

ENJOY THE ONE & ONLY NEWCASTLE BROWN ALE® RESPONSIBLY

www.newcastlebrown.com  

 

©2014 NEWCASTLE IMPORTERS, NEW YORK, NY