HEINEKEN COACHELLA PHOTO CONTEST

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 HEINEKEN COACHELLA PHOTO CONTEST (“CONTEST”) 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. VOID WHERE PROHIBITED. CONTEST 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 Contest 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 (“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 Contest begins at 12:01 a.m. Eastern Time (ET) on 3/1/20 and ends at 11:59 p.m. ET on 10/18/20. Note: In order to be eligible for a chance to win a Grand Prize or First Prize (see prize descriptions below), entry must be received by not later than 11:59 p.m. ET on 9/30/20. Entries received after 9/30/20 will only be eligible for a chance to win a Secondary merchandise prize. This Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Twitter. You are providing your information to Sponsor.

3. HOW TO ENTER:

Your entry must contain an original photograph (“Photo”) created by you that includes an image of your best Coachella-inspired photo. Entries will be judged on creativity (25%), originality (25%), photo that best represents a Coachella-inspired photo and represents the Heineken® brand in a positive image (25%) and quality of the photo submission (25%). Judging will be conducted by Sponsor and/or Administrator and all decisions are final.

Your entry must contain an original Photo created by you and may not include any content that violates the rights of third parties, such as the names of specific individuals, schools, businesses, etc. You may enter as often as once per day, but each photo submission must be original and unique.

There are four (4) ways to enter the Contest: (a) on Twitter, (b) on Instagram, (c) via Text or (d) on the Internet. All entries and photographs submitted must comply with the Photograph Requirements below. The photograph should include an image of ‘Your Best Coachella-inspired Photo’ and any optional inclusion of Heineken® beer image, advertising, product, logo, packaging or merchandise (no purchase necessary – Heineken product image is not required, and will not increase your chances of winning).

(a) Twitter: To enter, tweet your photo submission along with any optional comments about your photo from your mobile device (“Mobile Device”) or your computer using the hashtag #HeinekenCoachellaContest. Submitted photos/tweets will appear on Twitter under the hashtag #HeinekenCoachellaContest. Twitter accounts are free. You must be an active holder of a nonprivate Twitter account to be eligible to enter this Contest via Twitter (i.e., you must make sure your tweets are set to “public” and not “private”).Twitter’s Terms of Service apply and can be found at http://twitter.com/tos. If you tweet using a Mobile Device on your mobile service provider’s network (as opposed to a Wi-Fi network), your carrier’s standard 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.

(b) Instagram: To enter, access the Instagram application on your mobile device (“Mobile Device”) and post your photo and any optional comments using the hashtag #HeinekenCoachellaContest. Submitted photos/posts will appear on Instagram under the hashtag #HeinekenCoachellaContest. If you do not have the Instagram application, you may download it through the app store on your Mobile Device. The application is free. Instagram’s Terms of Use apply and can be found at http://instagram.com/legal/terms/. (Be sure your account is set to “public” and not “private”.) If you enter the Contest using a Mobile Device on your mobile service provider’s network (as opposed to a Wi-Fi network), your carrier’s standard 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) SMS Entry: Submit an SMS entry from your mobile device (“Mobile Device”) by texting ‘HKNCoachella’ to 77000. You will receive a return text message providing a link to www.Heineken.com/US/Coachella. Click the link to visit the website and follow the online entry instructions to complete the registration form with all required information and upload your photo along with any optional comments. Carrier’s standard messaging and data rates apply.

(d) Internet Entry: To submit an Internet entry directly online (without sending a text), visit www.Heineken.com/US/Coachella, and follow the online entry instructions to complete the registration form with all required information and upload your photo along with any optional comments. Normal time rates, if any, charged by Internet service provider will apply.

All entries must be received by 11:59 p.m. ET on 9/30/20 to be eligible for a chance to win a Grand Prize or First Prize (see prize descriptions below). Entries received after 9/30/20 will only be eligible for a chance to win a Secondary merchandise prize. All entries must be received by 11:59 p.m. ET on 10/18/20.

Refer to the photo guidelines set forth below. Limit one (1) entry per person per day regardless of method of entry. Each photo submission must be unique. Duplicate photos will not be counted as entries. For purposes of these Official Rules, a “day” is defined as a as starting on 12:00:01 pm ET and ending at 11:59:59 pm ET.

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 Contest. 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 (Dos Equis, Amstel, Heineken, Murphy’s, Newcastle, Red Stripe, Strongbow, Tecate, and Tiger).

4. PHOTOGRAPH GUIDELINES:

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 USA Inc.) 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 submitted 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 noncommercially exploit the photographs as a condition of entering the Contest or being selected a winner.

Each entry must comply with the following requirements:

· Photographs cannot have been submitted previously in a promotion of any kind.

· Photographs should be created by entrant, and by entering them in the Contest, 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.

· Photographs submitted via Twitter must adhere to the Twitter Terms of Use set forth at http://twitter.com/tos/.

· Photographs submitted via Instagram must adhere to the Instagram Terms of Use set forth at http://instagram.com/legal/terms/.

All photographs will be evaluated by Sponsor to determine whether individuals in the photographs reasonably appear to be over the age of twenty-one (21) and whether the photographic content is in compliance with these Official Rules and The Beer Institute’s Advertising and Marketing Code. The Beer Institute’s Advertising and Marketing Code can be found at www.beerinstitute.org.

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.

· Photographs 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, 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 Heineken product images.

· Content which may be deemed to infringe on the trademark, logo, or trade dress (such as distinctive packaging or phraseology) rights of any third party.

· 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 Heineken 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, whether selling for consumption on or off the licensed premises.

· 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.

5. PRIZES:

All prize details are at Sponsor’s 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 Prize #1 (1): One (1) Grand Prize #1 will be awarded, and the drawing for the Grand Prize will take place on or about 10/1/20. Winner will have the option of selecting weekend #1 or weekend #2 for their prize as set forth below. Grand Prize consists of a trip for two (winner and one guest age 21 or older) to Coachella and includes the following:

· Grand Prize winner #1 can choose to attend Coachella on weekend #1 (Fri, 10/9/20 – Sun, 10/11/20) OR weekend #2 (Fri, 10/16/20 – Sun, 10/18/20).

· Round-trip coach airfare* for two (2) people from the gateway airport nearest winner’s residence to Los Angeles, CA (LAX), or other airport servicing the Coachella area as solely determined and designated by Sponsor (i.e. Palm Springs – PSP or Ontario – ONT).

o NOTE: If winner resides within one hundred fifty (150) miles of Indio, CA, Sponsor reserves the right to substitute a $250 travel stipend or ground transportation in lieu of airfare, and no additional compensation or substitution will be provided for difference in prize value.

· Standard hotel accommodations for two (2) people—one (1) room, double occupancy—for three (3) nights.

· Two (2) VIP 3-day tickets to Coachella, including ground transportation to/from hotel and Coachella.

NOTE: winner is solely responsible for all ground transportation not expressly included in prize award above including, but not limited to, all airport and hotel transfers, local ground transportation and parking. Approximate retail value (ARV) of the Grand Prize #1: $5,000. Actual value may vary based on location of winner’s residence. Any difference between the ARV and actual value will not be awarded.

Grand Prize #2 (1): One (1) Grand Prize #2 will be awarded, and the drawing for the Grand Prize will take place on or about 10/1/20. Grand Prize consists of a trip for two (winner and one guest age 21 or older) to Coachella and includes the following:

· Grand Prize winner #2 will be required to attend Coachella on weekend NOT selected by Grand Prize winner #1 – either weekend #1 (Fri, 10/9/20 – Sun, 10/11/20) OR weekend #2 (Fri, 10/16/20 – Sun, 10/18/20), as solely determined and designated by Sponsor.

· Standard hotel accommodations for two (2) people—one (1) room, double occupancy—for three (3) nights.

· Two (2) VIP 3-day tickets to Coachella, including ground transportation to/from hotel and Coachella.

NOTE: winner is solely responsible for all ground transportation not expressly included in prize award above including, but not limited to, all airport and hotel transfers, local ground transportation and parking. Approximate retail value (ARV) of the Grand Prize #2: $5,000. Actual value may vary based on location of winner’s residence. Any difference between the ARV and actual value will not be awarded.

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 or event. Travel and accommodations are subject to availability. Blackout dates and other restrictions may apply. All travel must be completed by date determined by Sponsor, at its sole discretion, or prize will be forfeited. Once travel is booked, any penalties incurred as a result of changes to flights are the sole responsibility of winner. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract.

First Prize (5): Five (5) First Prizes will be awarded, and the drawing for the First Prize will take place on or about 10/1/20. Each First Prize winner will receive two (2) GENERAL ADMISSION 3-day tickets to Coachella for weekend #2 (Fri, 10/16/20 – Sun, 10/18/20), based upon availability. Sponsor reserves right to substitute tickets for weekend #1, based upon availability, at its sole discretion. Sponsor will not be responsible for any additional costs in connection with the First Prize, and all costs incurred in connection with the First Prize, including travel to and accommodation at the Coachella festival, will be the sole responsibility of the winners.

ARV of each First Prize: $858. ARV of all available First Prize awards: $4,290.

Second Prize (10): Ten (10) second prizes will be awarded, and the drawing for the second prize will take place on or about 10/19/20. Each Second Prize consists of Sponsor designated Heineken-brand merchandise. Merchandise items will be as determined by Sponsor at its sole discretion. ARV of each Second Prize: $50. ARV of all available Second Prize awards: $500.

ARV of all available prize awards: $14,790.

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 except as otherwise expressly set forth above. Any expenses or costs associated with prize acceptance and use not expressly stated in the description of the prize above as being provided, including, but not limited to, ground transportation, parking, airline seat assignment fees, baggage check fees, hotel resort fees, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service or facility charges, personal charges at lodging, security fees, taxes, or other expenses, are the sole responsibility of winner. Grand Prize winner’s guest must be twenty-one (21) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as winner. Travel must be round-trip. Winner and guest are solely responsible for obtaining any required travel documents and travel insurance. Grand Prize winner and guest must each execute an Affidavit of Eligibility and Publicity and Liability Release form provided by Sponsor or its appointed agent 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.

Sponsor is not responsible if event or any portion of event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety, no substitution will be provided except as in Sponsor’s sole discretion, and winner will not be reimbursed for tickets. Tickets may be subject to standard rain-check policies and procedures. By accepting the prize, winner agrees to abide by any terms, conditions and restrictions provided by the ticket and hosting venue. Winner and guest agree to abide by all venue rules and regulations. Failure to do may result in forfeiture of prize, and no alternate compensation or prize award shall be provided.

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.

6. ODDS OF WINNING:

Odds of winning are based upon the number of eligible entries received, and decisions of judges.

7. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:

Potential Grand Prize #1, Grand Prize #2 and First Prize winners will be selected on or about 10/1/20, from among all eligible entries received as of 11:59p ET on 9/30/20.

Potential Second Prize winners will be selected on or about 10/19/20, from among all eligible entries received.

Winners shall be determined by Judging via the Judging criteria as outlined above, and Judging shall be conducted by Sponsor and/or Administrator and all decisions are final. Potential winners will be contacted by telephone, email, and/or via post to their associated Instagram or Twitter account. If any potential winner cannot be reached within twenty-four (24) hours of first notification attempt, if any prize or prize notification 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 may be selected from among all remaining eligible entries, time permitting. Upon forfeiture of any prize, no compensation will be given. Note: phone messages will not be left during the winner notification process. Limit one (1) prize per person or household.

Each potential prize winner will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within one (1) day of notification that he/she is a potential winner. No potential winner will be an official winner until his/her Affidavit of Eligibility and Liability/Publicity Release or Declaration 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 be automatically disqualified and the prize may be awarded to an alternate winner.

8. LICENSE AND RELEASE:

Participation in the Contest and acceptance of prize constitute winner’s and guest’s permission for Sponsor or its agents to photograph, film, and record each winner and guest and to use his/her name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner and guest regarding the Contest 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 grand prize winner’s guest acknowledge and agree that this Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Twitter, and agree to release and hold harmless Instagram, Twitter, 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 Contest, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Contest-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 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 Contest in any way shall be disqualified. There is no purchase required to participate in the Contest or to win any prize in the Contest. A purchase does not increase odds of winning.

9. ADDITIONAL TERMS:

Sponsor reserves the right to alter, suspend, or terminate the Contest at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Contest becomes or is likely to become compromised in any way. In the event the Contest is terminated prematurely, all eligible entries received prior to the Contest 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 fifty (50) United States or the 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 mobile device 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, in the case of a mobile device entrant, to the mobile device by the applicable telecom provider, or, in the case of an Internet entrant, 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 mobile device or e-mail address associated with the winning entry.

If for any reason the Contest 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 Contest, 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 Contest. 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 Contest.

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

10. 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 Contest. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Contest 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 Contest, 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.

11. 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 Contest, 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. You are providing your information to Sponsor and not to Instagram or Twitter.

12. LIST OF WINNERS:

To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Winners List, Heineken Coachella Photo Contest. P. O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 11/30/20 and received by 12/15/20.

13. SPONSOR: HEINEKEN USA Inc., White Plains, N.Y.

14. ADMINISTRATOR: Million Dollar Media, Woodbridge, NJ.