DOS EQUIS NOVEMBER TAILGATE CHAMPION PHOTO CONTEST
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE DOS EQUIS NOVEMBER TAILGATE CHAMPION PHOTO CONTEST (“CONTEST”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (D.C.) WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. 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.
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 Inc. 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 Contest begins at 12:01 a.m. Eastern Time (ET) on 11/1/2021 and ends at 11:59 p.m. ET on 11/30/2021.
3. HOW TO ENTER:
Your entry must contain an original photograph (“Photo”) created by you showing your ‘Dos Equis Tailgate Party’ – and must include any image of Dos Equis, including any product image, packaging, logo, advertising, merchandise or photographic image (no purchase necessary – Dos Equis product purchase is not required, and will not increase your chances of winning).
Entries will be judged on creativity (25%), originality and humor (25%), photo that best represents a photo inspired by football fans showing a football tailgate party and represents a positive image of the Dos Equis® brand (25%) and quality of the photo submission and representation of Dos Equis (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 (not previously submitted by any entrant) and may not include any content that violates the rights of third parties, such as the names of specific individuals, businesses, etc. You may enter as often as once per day, but each photo submission must be original and unique, and NOT previously submitted by any entrant. Duplicate or near duplicate photos will be disqualified.
There are three (3) ways to enter the Contest: (a) on Instagram, (b) on Twitter, or (c) on the Internet. All entries and photographs submitted must comply with the Photograph Requirements below.
(c) Internet Entry: To submit an Internet entry directly online, scan the QR code on applicable point of sale material or directly visit www.DosEquis.com/Tailgate, and follow the online entry instructions to complete the registration form with all required information and upload your photo along with any optional comments about your tailgate party. Normal time rates, if any, charged by Internet service provider will apply.
All entries must be received by 11:59 p.m. ET on 11/30/2021. 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.
Limit one (1) entry per person per day regardless of method of entry. Refer to the photo guidelines set forth above and below. You may only submit an entry on your own behalf. Any entry submitted on behalf of another individual or using another individual’s information, Instagram or Twitter account, 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, accounts, addresses, or other method shall result in all such entries being disqualified.
Each photo submission must be unique, and created by the entrant. Duplicate or near 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, AriZona SunRise, 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 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 photographs as a condition of being selected a winner.
Each entry must comply with the following requirements:
· Photographs cannot have been submitted previously in this Contest or a promotion of any kind.
· Photographs must 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.
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.
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 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 Dos Equis 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.
All Sweepstakes prize details are at Sponsor’s sole discretion. Prize will 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. Prize is not transferable or redeemable for cash. No substitution of prize by winner is allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion.
Prize Award (10): Ten (10) prizes will be available to be awarded. Each prize consists of the Dos Equis branded merchandise items as solely determined and designated by Sponsor including: one (1) Dos Equis branded Dos-in-one single use portable mini grill, and one (1) 1-year TV streaming subscription. Sponsor reserves the right in its sole discretion to substitute any merchandise item(s) with alternate merchandise item(s) of approximate equal or greater value, based upon availability. Approximate Retail Value (“ARV”) of each second prize: $140. Total ARV of all available second prize awards: $1,400.
Prize winners must accept delivery of prize in the method as solely determined and designated by Sponsor. Prize award shall be shipped to winner only to the registered residential address as provided at the time of entry and winner notification, and shall be shipped via the shipping carrier as solely determined and designated by Sponsor. Once shipped, prize shall be considered delivered to winner and Sponsor shall have no responsibility for any shipment that is delayed, late, lost, damaged, misdirected, undelivered, not received or stolen, or any incorrect shipping address, provided. 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 solely to the designated shipping carrier and not to Sponsor for any delivery issues including delayed, damaged, misdirected, lost, last, undelivered or stolen shipment or delivery.
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.
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:
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 prize winners shall be selected and determined from among all eligible entries received on or about 12/2/2021. Winner selection shall be determined and conducted by Sponsor appointed judge(s) and/or its appointed agent, and all decisions are final.
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 for any prize drawing or total number of prizes for the entire Contest, then associated prize award(s) shall not be awarded.
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 forty-eight (48) 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.
Each potential prize winner will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within two (2) days 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 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 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 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, and winners, acknowledge and agree that this Contest is in no way sponsored, endorsed, or administered by, or associated with, or Instagram or Twitter, and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, Instagram, Twitter, 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, Pandemics, 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 email 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 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 email 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 email 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 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:
12. LIST OF PRIZE WINNERS:
To obtain a list of prize winners, send a self-addressed, stamped envelope, with sufficient postage, to Prize Winners’ List, Dos Equis November Tailgate Champion Photo Contest, P.O. Box 248, Woodbridge, NJ 07095. Winners’ list will be available after 12/31/2021. All requests for a list of prize winners must be postmarked by 12/31/2021 and received by 1/15/2022.
13. SPONSOR: HEINEKEN USA Inc. dba Cervezas Mexicanas, White Plains, NY.
14. ADMINISTRATOR: Million Dollar Media, Woodbridge, NJ.
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