HEINEKEN HOLIDAY KOOZIE INSTANT WIN PROMOTION
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 HOLIDAY KOOZIE INSTANT WIN PROMOTION (“PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, EXCLUDING RESIDENTS OF NEW JERSEY, WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. PROMOTION 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.
The Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia, excluding residents of New Jersey, 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 Promotion begins at 12:01 a.m. Eastern Time (ET) on 11/1/20 and ends at 11:59 p.m. ET on 2/28/21 or when all Instant Win prizes have been awarded, whichever is earlier (“Instant Win Period”).
3. HOW TO ENTER:
There are three (3) ways to enter the Promotion: (a) at checkout, (b) via SMS, or (c) on the Internet.
(a) Entry at Checkout: When you check out you will be given an opportunity to enter by submitting your mobile telephone number. Then follow the on-screen entry instructions to enter and participate in the Instant Win promotion. All entries made at time of checkout must be submitted by 11:59 p.m. ET on 2/28/21.
(b) SMS Entry: Submit an SMS entry from your mobile device (“Mobile Device”) by texting the “Beer Emoji” to 68255. Upon receiving a return text message, click on the link provided and follow the on-screen instructions to enter the Promotion. Carrier’s standard messaging and data rates apply. All SMS entries must be submitted by 11:59 p.m. ET on 2/28/21.
(c) Internet Entry: To submit an Internet entry directly (without sending a text), scan the QR Code graphic on applicable point of sale signage or directly visit www.Heineken.com/US/HolidayKoozie and follow the on-screen entry instructions to enter and participate in the Instant Win promotion. 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 2/28/21.
There is a limit of one (1) entry per person per day, regardless of method of entry. Once registered via the Internet method of entry, returning visitors can login with their registered email address to participate in the Instant Win promotion up to once per day.
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 Promotion. 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).
All Promotion 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.
Prizes (5,000): Five thousand (5,000) prizes will be available to be awarded. Each prize consists of one (1) Heineken branded holiday koozie, with an approximate retail value (“ARV”) of $2.25.
The ARV of all available prizes: $11,250. Prize winners must accept delivery of prize in the method as solely determined and designated by Sponsor. Prize shall be shipped to the designated winner residential address via USPS or other Sponsor designated shipping/mail carrier. Allow approximately 8 – 12 weeks for delivery. Once shipped, prize shall be considered awarded and fulfilled, and Sponsor shall not be responsible for any lost, late, undelivered, misdirected, damaged or stolen delivery or any incorrect shipping address provided; and in the event of any delivery issues, prize award shall not be replaced or substituted with any alternate prize award or compensation. Winner shall look only to designated shipper/carrier and not to Sponsor for any delivery issues.
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 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:
Odds of winning an Instant Win prize are dependent on the number of eligible entries received divided by the number of prizes available.
6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
Participants in the Instant Win game who click on a winning Heineken bottle image will receive an on-screen confirmation message and will be determined as a potential Instant Win prize winner. Potential Instant Win prize winners will be selected and determined at random. If you are a potential Instant Win prize winner, you will receive an on-screen message stating that you have won the Instant Win prize and a unique prize claim code. (If you have not received the on-screen confirmation message, along with a unique prize claim code, then you are not an instant winner.)
You will then be sent a prize claim form via email or as otherwise designated by Sponsor, with instructions on how to claim your prize. Allow 2 – 4 weeks for processing and delivery of prize claim form. Please note that you are not officially a winner until your eligibility has been verified and you have fully complied with these Official Rules. Limit one (1) Instant Win prize per person or household during entire Promotion Period.
Potential Instant Win prize 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 required documentation 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:
Participation in the Promotion and acceptance of prize constitute winner’s and guest’s (where applicable) 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 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, 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 Promotion, or participation in, possession, acceptance, and/or use or misuse of any 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, 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 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 who attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase required to participate in the Promotion or to win any prize in the Promotion. A purchase does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor reserves the right to alter, suspend, or terminate the Promotion at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Promotion becomes or is likely to become compromised in any way. In the event the Promotion is terminated prematurely, all eligible entries received prior to the Promotion 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, excluding New Jersey. 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 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 cause beyond the control of Sponsor that corrupts or affects 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 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 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion 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 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 WEBSITES AND/OR THIS PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES 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, 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 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:
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Winners List, Heineken Holiday Koozie Instant Win Promotion, P.O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 3/31/21 and received by 4/15/21.
12. SPONSOR: HEINEKEN USA Inc., White Plains, NY.
©2020 HEINEKEN® Original and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.