DOS EQUIS
DOS DAYS OF SUMMER SOCIAL SWEEPSTAKES
Full
Official Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE DOS EQUIS DOS DAYS OF SUMMER SOCIAL SWEEPSTAKES (“SWEEPSTAKES”) 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. SWEEPSTAKES 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 Sweepstakes 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 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 Sweepstakes begins at 12:00 a.m. Eastern
Time (ET) on 6/21/2022 and ends at 11:59 p.m. ET on 6/22/2022 (“Sweepstakes Period”).
This Sweepstakes is in no way sponsored, endorsed, or administered by, or
associated with Instagram. You are providing your information to Sponsor.
3. HOW TO
ENTER – Instagram:
To enter, access the Instagram application on your mobile device (“Mobile
Device”), and send a direct message to @DosEquis via Instagram including any
optional comments or photos, and include in the message “Dos Equis Dos Days of Summer”.
Your entry may not include any content that violates the rights of third
parties. 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/. If you enter the Sweepstakes 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. All entries must be received by 11:59 p.m. ET
on 6/22/2022.
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 Sweepstakes. Limit one (1) entry per person
during entire Registration Period. 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, AriZona SunRise, Dos Equis, Murphy’s, Newcastle, Red Stripe, Strongbow, Tecate,
and Tiger).
4. SUBMISSION GUIDELINES:
All entry information, comments, direct message 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 in the case of photographs each submitted photograph (a) was taken by entrant and is his/her original work; in the case of comments is submitter’s 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 comment, post, direct
message, or 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 winning direct message,
comment, or photographs as a condition of being selected a winner.
Photograph
Guidelines
In the case of photographs included in the Submission, 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 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.
· 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 all individuals 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.
Submissions deemed by Sponsor, at its sole discretion, to fall into any of the following categories will be automatically disqualified:
· Submissions that describe, depict or reflect irresponsible or excessive consumption.
· Submissions including any content deemed to be disparaging of Sponsor, its brands, or anyone else.
· Submissions containing any use of profanity, obscenity, nudity, racism, or sexual content.
· Submissions promoting images and/or the use of drugs (legal or illegal), tobacco, or firearms or other weapons.
· Submissions promoting any activity that may appear to be unsafe and/or dangerous.
· Submissions that Sponsor deems to be contrary to The Beer Institute’s Advertising and Marketing Code.
Submissions 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 Dos Equis 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 email 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. The
actual make and model of prizes included
will be determined by Sponsor in its 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.
·
Note: There
is a maximum of one (1) prize award per person or household during the entire
Registration Period. If eligible entries are less than the scheduled
number of prizes available, then associated prize award(s) shall not be
awarded.
Prize Awards (2): A total of two (2) prizes
will be available to be awarded. Each
prize consists of: one (1) Dos Equis
branded 54-quart cooler. Exact make,
model, color and options as solely determined and
designated by Sponsor. Sponsor reserves
the right to substitute any merchandise item of equivalent or greater value in
its sole discretion, based upon availability.
Approximate retail value (“ARV”) of each prize: $50. Total ARV of all available prize awards: $100.
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 solely the responsibility of
winner.
All federal, state, and
local taxes, fees, and surcharges on any prize are the sole responsibility of
winner of the prize.
6. ODDS OF WINNING:
Odds of winning are based upon the number of eligible
entries received.
7. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Potential prize winners will be selected in a
random drawing from all eligible entries received to be held on or about 6/24/2022 to select a total of two (2) winners. Drawing
will be conducted by Sponsor or its appointed agent, and all decisions are
final. Potential winners will be contacted by Instagram direct message to the
account used to enter the Sweepstakes. If any potential winner cannot be
reached within forty-eight (48) hours of first notification attempt, if any
prize or prize notification is returned as undeliverable, if the 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 among all remaining eligible entries. Upon
forfeiture of any prize, no compensation will be given.
Potential 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 any
required paperwork 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 Sweepstakes and acceptance of prize
constitute 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 each winner regarding the Sweepstakes 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 that this Sweepstakes is in
no way sponsored, endorsed, or administered by, or associated with Instagram
and agree to release and hold harmless Instagram, 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 Sweepstakes, or
participation in, possession, acceptance, and/or use or misuse of any prize or
participation in any Sweepstakes-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 Sweepstakes 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 Sweepstakes in any way shall be disqualified. There is no
purchase required to participate in the Sweepstakes or to win any prize in the
Sweepstakes. A purchase does not increase odds of winning.
9. ADDITIONAL TERMS:
Sponsor
reserves the right to alter, suspend, or terminate the Sweepstakes at any time
and with or without notice if, in Sponsor’s sole discretion, the integrity of
the Sweepstakes becomes or is likely to become compromised in any way. In the
event the Sweepstakes is terminated prematurely, all eligible entries received
prior to the Sweepstakes 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 entrant, an
entry will be declared as made by the authorized account holder of the associated
Instagram account used for entry. The “authorized account holder” is deemed the
natural person who is assigned, to the Instagram account by the applicable
provider. A potential winner may be requested to provide Sponsor with proof
that the potential winner is the authorized account holder of the Instagram
account associated with the winning entry.
If for any reason the Sweepstakes 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
Sweepstakes, 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 Sweepstakes. 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 Sweepstakes.
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 Sweepstakes 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 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 Sweepstakes 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 Sweepstakes 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 SWEEPSTAKES, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES.
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 Sweepstakes. Any
controversy or claim arising out of, or relating to, these Official Rules
and/or the Sweepstakes 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 Sweepstakes, 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 https://heinekenusa.com/privacy-policy/. By participating in the Sweepstakes, 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.
12. LIST OF WINNERS:
To obtain a list of winners, send a
self-addressed, stamped envelope, with sufficient postage, to Winners List, Dos
Equis Dos Days of Summer Social Sweepstakes, P.O. Box
248, Woodbridge, NJ 07095. All requests for a list of winners must be
postmarked by 7/31/2022 and received by 8/15/2022.
13. SPONSOR: Cervezas Mexicanas, White Plains, NY.
14. ADMINISTRATOR: Million Dollar Media,
Woodbridge, NJ.
Enjoy XX
Responsibly
©2022 DOS
EQUIS® Lager Especial and DOS EQUIS® Ambar Beer. Imported by Cervezas Mexicanas, White Plains, NY.
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registered trademark of Instagram, LLC, Menlo Park, CA.