DOS EQUIS CFB TAILGATE THROWDOWN CONTEST
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT
IMPROVE YOUR CHANCES OF WINNING.
THE DOS EQUIS CFB TAILGATE THROWDOWN 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.
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 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:
Phase 1: Contest
Registration begins at 12:01 a.m. Eastern Time (ET) on 9/14/2023 and ends at
11:59 p.m. ET on 9/26/2023 (the “Entry/Registration Period”). The Phase 2
3. HOW TO ENTER – Phase 1: Entry/Registration Period: To submit an entry in the Contest,
visit www.DosEquis.com/Tailgate during the Entry/Registration Period and follow the online entry
instructions to complete the registration form with all required
information. Each entry must include
unique responses created by the entrant to the designated questions presented
online (what does tailgating mean to you
and your real ones?; Describe you and your real one’s dream tailgate setup; and
select which game location(s) you would prefer to host your tailgate),
along with an optional submission of a photo and/or video showing how you and
your friends tailgate (each a “Submission” and “Contest Entry”). Normal time rates, if any, charged by
Internet service provider will apply.
All Contest Entries must be submitted by 11:59 p.m. ET on 9/26/2023.
Contest entries
will be judged based upon submissions that convey the entrant is a college
football fan (20%), the story about what tailgating with real one means to the
entrant (20%), the tailgate party idea/setup (20%), the affinity for available
tailgate party game location(s) (20%), along with creativity, originality,
inspiration, humor and entry that represents a positive image of the Dos Equis brand (20%).
Judging will be conducted by Sponsor and/or Administrator and all
decisions are final. A total of nine (9)
Semi-Finalists will be selected, and at Sponsor’s
sole discretion, each semi-finalist may be contacted and required by Sponsor to
participate in a finalist qualifier interview. (Note: there is no prize award for being
selected as a semi-finalist.) Sponsor
and Judges shall then select a total of three (3) entries from among the nine
(9) semi-finalists, as Grand Prize Finalist Qualifiers to create a video and/or
additional content, and to participate in the final voting portion of the
contest (see below).
Submission may
not include any content that violates the rights of third parties, such as the
names of specific individuals, businesses, etc.
Maximum of one contest entry per
person during the entire Registration Period. Each
submission must be an original and unique entry created by the entrant, and NOT
previously submitted by any other entrant.
Duplicate or near duplicate submissions will be disqualified.
Refer to the
submission 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,
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.
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. Limit one (1) entry
per person. Please note that there is a limit of one (1)
prize per individual, household, street address, and/or email 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 entries and submissions must comply with the
Requirements below.
4. HOW TO VOTE – Phase 2: Voting Period: To submit a voting entry and vote for an available Grand Prize finalist
qualifier (see below), visit www.DosEquis.com/Tailgate during the Voting Period and follow the online entry instructions to
complete the voting registration form with all required information, then
submit your vote (“Voting Entry”). Maximum of one voting entry and vote per
person or email during the entire Voting Period. (Note: a maximum of one (1) grand prize
winner shall be determined from among the three (3) Grand Prize Finalist
Qualifiers, based in part upon the final voting results, and the decisions of
Sponsor and Judges. See below for
details.) Normal time rates, if any,
charged by Internet service provider will apply. All voting entries must be submitted by 11:59
p.m. ET on 10/25/2023.
Any voting entry
submitted on behalf of another individual or using another individual’s
information, providing any incorrect, inaccurate, fake
or false information during voting registration, or attempting to submit more
than the allowable number of entries or votes by using alternate names, emails,
accounts, addresses, or other method shall result in all such entries and
associated votes being disqualified.
By submitting a
voting 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. Limit one (1)
voting entry and vote per person or email.
5. PHASE 1: CONTEST ENTRY GUIDELINES:
All entry information and associated content 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 Submission (a) was created by entrant and is
his/her original work; (b) does not incorporate or include any content 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), or no third-party (non-HEINEKEN USA Inc.); (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 any and all elements of the Submission. 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 submissions as a condition of being selected a winner.
Each entry and Submission must
comply with the following requirements:
● Submission cannot have been submitted previously in this Contest or a promotion of any kind.
● Submissions 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 content. Entrant further represents and warrants that he/she has secured permission from each and every other person referenced in the Submission including any photo or video submission. If a Submission was created by someone other than entrant, entrant must obtain a written transfer of ownership from the creator transferring all 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 or authorship of a Submission arises or a right of publicity issue is raised, the entry may not be considered, in Sponsor’s sole discretion.
All Submissions will be evaluated by
Sponsor to determine whether the content is in compliance
with these Official Rules, The Beer Institute’s Advertising and Marketing
Code, and HUSA’s Marketing Code. The Beer Institute’s
Advertising and Marketing Code can be found at www.beerinstitute.org.
The HUSA Marketing Code can be found
a
Submissions deemed by Sponsor, at
its sole discretion, to fall into any of the following categories will be
automatically disqualified:
● Submissions that reflect irresponsible or excessive consumption.
● Submissions deemed to include content that may be disparaging of Sponsor, its brands, or anyone else.
● Submissions containing any use of profanity, obscenity, nudity, racism, or sexual content.
● Submissions promoting and/or referencing 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 HUSA 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.
●
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.
● Material mentioning or including the names, likenesses, or other indicia identifying any person other than Sponsor and Dos Equis product, including, without limitation, celebrities and/or other public or private individuals, living or dead.
● Content containing any personal identification, such as names, street addresses, or email addresses other than those of Sponsor.
● Content identifying any retail licensee, whether selling for consumption on or off the licensed premises.
● Content promoting any particular political party, agenda, or message.
● Content communicating any messages or images inconsistent with the positive image and/or goodwill Sponsor wishes to project.
6. PRIZES:
All 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. 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.
●
NOTE: There
is a maximum limit of one (1) prize award per person, email address or
household during the entire Contest 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 Contest, then the associated prize awards shall
not be awarded.
Grand Prize Finalist Qualifier Prize (3): Three
(3) grand prize finalist qualifier prizes will be available to be awarded in
the Contest. Each finalist qualifier prize includes the opportunity to
participate in a Sponsor hosted video shoot to create a video and/or content
for the voting portion of the contest (see below). Video shoot is scheduled to occur between
10/5/2023 – 10/13/2023, subject to change at Sponsor’s sole discretion. Each grand prize finalist qualifier prize
includes: round trip coach airfare for
one (1) person (winner only) to Sponsor designated airport serving the Sponsor
designated destination to host the video shoot; hotel accommodations for one (1) person – one (1) room, for one
(1) night; and opportunity to participate in the 1-day video shoot on the
Sponsor designated date to create a video and/or content for the voting potion
of the contest (see below).
Sponsor reserves the right to
substitute a $250 travel stipend in lieu of airfare if winner resides within
150 miles of video shoot destination city.
Each grand prize finalist qualifier must be present at the date, time
and location as solely determined and designated by Sponsor to participate in
the video shoot. Failure to be present
as directed may result in disqualification, in the sole discretion of
Sponsor. Sponsor not responsible for any
event delay, rescheduling, postponement or
cancellation.
Grand Prize (1): One (1) grand prize will be available to be awarded in the
Contest. The grand prize consists of a trip for five (5) people (winner and four (4) guests each age 21 or
older) to attend a tailgate party at a 2023 regular season College Football
game of the winner’s choice, from a list of available College Football games as
designated and provided by Sponsor, based upon availability. Available College
game dates and locations include the below game, subject to change without
notice,
●
11/11 UCLA
●
11/11 Oklahoma
●
11/18 Alabama
●
11/18 ASU
●
11/18 Ole Miss
●
11/18 Texas A&M
The grand prize
includes: round trip coach airfare for five (5) people (winner and 4 guests each age 21 or older) to designated airport
serving the selected metro area of the selected game; hotel accommodations for five (5) people – maximum of three (3)
rooms, double occupancy—for two (2) nights each; five (5) tickets to the
designated regular season College Football game; $250 Uber.com gift card
towards ground transportation between the hotel and tailgate party; $1,000 gift
card from the Sponsor designated gift card provided as a travel stipend towards
per diem meals; and a pre-game tailgate party planned and hosted by Sponsor
ambassadors consisting of the elements as solely determined and designated by
Sponsor (i.e. tent, food, entertainment, merchandise, activities/games, etc), valued up to a maximum ARV of $25,000. Exact elements included in Tailgate Party
shall be as solely determined and designated by Sponsor, based upon
availability and subject to Sponsor approval.
(Note: winner may invite
additional local guests, each age 21 or older, to attend the pre-game tailgate
party, up to a designated number of guests as solely determined and designated
by Sponsor. All additional l
Sponsor reserves
the right to substitute a $750 travel stipend in lieu of airfare if winner
resides within 150 miles of destination city.
All travel must be completed by no later than 11/19/2023, or such other
date as solely determined by Sponsor in its sole discretion, or prize will be
forfeited. Once travel is booked, any
penalties incurred as a result of changes to flights
or hotel reservation are the sole responsibility of winner. All travel is subject to any applicable
restrictions and local regulations in departure and arrival destination, including
COVID-19 testing and/or vaccination requirements or policy.
All expenses and travel costs
incurred as a result of seeking or winning a prize are
the sole responsibility of winner. Any expenses or costs not expressly stated
in the description of the grand prize above, including, but not limited to, airport/hotel
transfers, ground transportation, parking fees, hotel resort fees, meals,
incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees,
service or facility charges, airline seat assignment or baggage check fees,
personal charges at lodging, security fees, taxes, or other expenses, are the
sole responsibility of winner. Winner’s
guests must each 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, including a valid passport where
applicable, vaccinations and travel insurance. Winner and guest must each
execute an Affidavit of Eligibility and Publicity 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.
Runner-ups Second Place Prize (2): Two (2) runner-up second place prizes will be awarded in
the Contest. Each runner-up second place
prize is: one (1) $2,500 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.
ARV of each runner-up second place prize: $2,500.
Total ARV of all available runner-up second place prizes: $5,000.
Third Place Honorable Mention Prize (10): Ten (10) third place honorable mention prizes will be
awarded in the Contest. Each third place honorable mention prize is: one (1) $250 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. ARV of each third place honorable mention prize: $250.
Total ARV of all available third place honorable mention prizes: $2,500.
Voting Prize (200): a
maximum of two hundred (
All 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, or as otherwise designated by Sponsor. 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. 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. 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.
7. ODDS OF WINNING:
Odds of being selected as a
semi-finalist and odds of winning a grand prize finalist qualifier prize, the
grand prize, a runner-up second place prize or a third place
honorable mention prize are based upon the number of eligible entries received,
decisions of judges, and outcome of the voting as outlined above and below.
Odds of winning a voting prize, are
based upon the number of eligible voting entries received.
8. WINNER SELECTION,
NOTIFICATION, AND VERIFICATION:
Potential semi-finalists and
potential grand prize finalist qualifier winners, the grand prize winner,
runner-up second place winners, and third place honorable mention winners shall
be determined via a series of Judging, and Voting results as follows:
●
Semi-Finalists (9): On or about 9/27/2023, Sponsor shall
select nine (9) semi-finalists from among all eligible contest entries/submissions
received, based upon the Judging criteria as outlined above. Each semi-finalist,
as a condition of being selected and considered as a potential Grand Prize
Finalist Qualifier, shall be required to complete any required paperwork or
documentation to authorize and complete a background check. Sponsor shall conduct a comprehensive
background check of the nine (9) semi-finalist qualifiers, inclusive of the
following: criminal search in each county they have lived in the last 7 years,
Federal Criminal Search, National Criminal Database Search, SSN Trace, and a
Social Media Search. Should Sponsor deem the results of the comprehensive
background check as questionable, in its sole discretion, Sponsor shall have
the right to disqualify the semi-finalist and not consider their Submission as
a potential Grand Prize Finalist Qualifier. At Sponsor’s sole discretion, each
semi-finalist may also be contacted by Sponsor for a finalist qualifier
interview. Sponsor and Judges shall then select three (3) Grand Prize
finalist qualifiers from among the nine (9) semi-finalists, to be awarded the
Grand Prize finalist qualifier prize as outlined above. NOTE: There
is no prize award available for selection as a semi-finalist.
●
Grand Prize Finalist Qualifiers (3): The
three (3) selected Grand prize finalist qualifiers shall be selected on or
about 9/29/2023 from among the nine (9) semi-finalist qualifiers. Each grand prize finalist qualifier shall
then participate in the voting portion of the contest. Grand prize finalist qualifiers are required
to attend the video shoot event between 10/5/2023 – 10/13/2023 as directed by
Sponsor (see prize description above) to be paired with a Judge to create a
video, photo and/or additional content related to their Contest Submission,
which shall then be made available for the voting portion of the Contest (see
above and below).
Phase 2: Fan voting shall begin on or about 12:01 a.m. Eastern Time
(ET) on 10/18/2023 and end at 11:59 p.m. ET on or about 10/25/2023 (the “Voting
Period”). During the fan voting portion
of the contest, voting entrants must complete the online Voting Entry in order to submit a vote, and each fan who submits a vote must
meet the eligibility requirements as outlined above. There is a maximum of one vote entry and
submission per person or email during the entire Voting Period. Sponsor/Administrator reserves the right to
disqualify any votes that are ineligible or are determined or suspected of
being duplicated, false, fraudulent, automated, or submitted by any individual
attempting to submit more than the allowable number of votes by using alternate
names, email addresses, accounts, or other method, which shall result in all
such votes being disqualified.
●
Grand Prize Winner (1):
One (1) grand prize winner shall
then be determined on or about 10/26/2023 based upon compiled voting results
from among voting entries as outlined above (40%), Sponsor and Administrator
voting (30%) and Judge voting (30%). All
voting results shall be at the sole determination and discretion of Sponsor.
●
Runner-up Second Place Winners (2): the two (2) remaining grand prize finalist qualifiers who
are not selected as the grand prize winner, shall be designated as runner-up
second place prize winners.
●
Third Place Honorable Mention Prize Winners (10): Ten (10) third place
honorable mention prize winners shall be selected from among all eligible
contest entries/submissions received, based upon the decisions of the Sponsor
appointed panel of Judges, using the judging criteria as outlined above.
Potential Voting prize winners shall
be randomly selected from all eligible voting entries received as follows:
●
Voting Prize Winners (200): Two hundred (200)
eligible voting entrants who register to vote and submit an eligible vote
during the Voting Period shall be randomly selected on or about 10/31/2023 from
among all voting entries received.
Contest entry Judging and winner
selection and determination shall be solely conducted and determined by Sponsor
appointed panel of Judges and/or Administrator and all decisions are
final. Random selection of voting entry
winners shall be solely conducted and determined by Administrator and all
decisions are final.
Potential semi-finalists, grand
prize finalist qualifiers and all prize winners (Grand Prize, Runner-Up Second Place, Third Place Honorable Mention
Prize and Voting Prize) will be contacted by telephone and/or email by
Administrator or Sponsor. If any potential semi-finalist, grand prize finalist
qualifier or prize winner cannot be reached and spoken with directly by phone
within twenty-four (24) hours of the initial 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 semi-finalist, grand
prize finalist qualifier and 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
has been returned and eligibility has been formally verified by Sponsor. If any
potential semi-finalist, grand prize finalist qualifier or prize 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.
9. 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 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 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 Contest 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.
10. 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.
11. 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.
12. USE OF DATA:
Sponsor
will be collecting personal data about entrants online, in accordance with its Privacy
Policy. Please review Sponsor’s Privacy Policy at https://www.heinekenusa.com/privacy-policy.
13. 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 CFB
Tailgate Throwdown Contest, P.O. Box 248, Woodbridge, NJ 07095. Winners’ list will be available after
10/31/2023. All requests for a list of
prize winners must be postmarked by 12/31/2023 and received by 1/15/2024.
14. SPONSOR: Cervezas Mexicanas, White Plains, NY.
15. ADMINISTRATOR:
Million Dollar Media, Woodbridge, NJ.
Enjoy XX
Responsibly
©2023 DOS EQUIS®
XX SPECIAL LAGER. DOS EQUIS® XX AMBAR BEER. IMPORTED BY CERVEZAS
MEXICANAS, WHITE PLAINS, NY.