TECATE CINCO
DE MAYO PROMOTION
Full
Official Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE TECATE CINCO DE MAYO PROMOTION (“PROMOTION”) IS OPEN ONLY
TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE TWENTY-ONE (21) YEARS OF AGE OR
OLDER AS OF DATE OF ENTRY AND RESIDE IN THE STATES OF AK, AZ, CA, CO, HI, ID,
IL, NM, NV, OR, TX AND WA. 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.
1. ELIGIBILITY:
The Promotion is open to all legal residents of
the United States residing in the states of AK, AZ, CA, CO, HI, ID, IL, NM, NV,
OR, TX and WA, 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 dba Cervezas Mexicanas (“Sponsor”) and its parent,
subsidiary, and affiliated companies, alcoholic beverage suppliers,
wholesalers, distributors, and importers, alcoholic beverage retailers, and
Sponsor’s advertising and promotional agencies. All federal, state, and local
regulations apply.
2. START/END
DATES:
The Promotion begins at 12:01 a.m. Eastern Time
(ET) on 4/1/2023 and ends at 11:59 p.m. ET on 5/8/2023 or when all Instant Win
prizes have been awarded, whichever is earlier (“Instant Win Period”).
3. HOW TO ENTER
– Internet Entry:
To enter, scan the QR code on the applicable point of sale signage materials
using your mobile device’s camera or directly visit www.TecateBeerUSA.com/Cinco and follow the
on-screen entry instructions to enter and participate in the instant win game.
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 5/8/2023.
There is
a limit of one (1) registration per person regardless of method of entry. Once registered, 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).
4. PRIZES:
All Promotion prize details are at Sponsor’s sole
discretion. 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.
·
NOTE: There is a
maximum of one (1) prize award per person or household during the entire Promotion
Period.
·
If
eligible entries are less than the scheduled number of prizes available for any
prize level or total number of prizes available for the entire Promotion, then the
associated prize awards shall not be awarded.
Instant
Win Prize (50): Fifty
(50) prizes will be available to be randomly awarded during the Promotion
Period. Each prize consists of: one (1) $200.00 gift
card from the Sponsor designated gift card provider. Gift card subject to the terms and conditions
of the issuing gift card provider policy terms and conditions. The approximate retail value (ARV) of each prize: $200.
Total ARV of all available prizes: $10,000.
Limit one (1) prize per person, email address
or household during entire registration period, regardless of which instant win
prize is awarded.
Prize winners must accept delivery of prize in
the method as solely determined and designated by Sponsor. Prize shall be shipped (or emailed for any
applicable e-gift code) to the designated winner residential address via USPS
or other Sponsor designated shipping/mail carrier (or delivered via email to
the entrant’s registered email address), or as otherwise designated by Sponsor. Allow approximately 8 – 12 weeks for
delivery. Once shipped (or emailed for
any applicable e-gift code), 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 a 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 online Instant Win game who receive an
on-screen confirmation message will be determined as a potential Instant Win
prize winner. Potential Instant Win
prize winners will be selected at random. If you are a potential Instant Win
prize winner, you will receive an on-screen message stating that you have won
an Instant Win prize along with 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 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.
All potential winners will be required to sign and return,
where legal, an Affidavit of Eligibility and Liability/Publicity Release within
three (3) days of receipt and 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.
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, winners, and grand prize
winner’s guest 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 residential
street address located within the States of AK, AZ, CA, CO, HI, ID, IL, NM, NV, OR, TX
and WA. 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 Internet
entrant, an entry made by Internet will be deemed made by the authorized
account holder of the email address submitted at the time of entry. The
“authorized account holder” is deemed the natural person who is assigned to an
email address by an Internet access provider, service provider, or other online
organization that is responsible for assigning email 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 email 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:
Sponsor will
be collecting personal data about entrants online, in accordance with its
Privacy & Cookie Policy. Please review Sponsor’s Privacy & Cookie Policy
at https://heinekenusa.com/privacy-policy/. By participating in the Promotion, entrant hereby agrees to Sponsor’s
collection and usage of his/her personal information and acknowledges that
he/she has read and accepted Sponsor’s Privacy & Cookie Policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a
self-addressed, stamped envelope, with sufficient postage, to Winners List, Tecate
Cinco De Mayo Promotion, P.O. Box 248, Woodbridge, NJ 07095. All requests for a
list of winners must be postmarked by 7/8/2023 and received by 7/15/2023.
12. SPONSOR: HEINEKEN USA Inc. dba
Cervezas Mexicanas, White Plains, NY.
Enjoy TECATE® and TECATE®
Light Responsibly.
©2023
TECATE® Beer, TECATE® LIGHT Beer, Imported by Cervezas
Mexicanas, White Plains, NY.