HEINEKEN SUMMER MUSIC SWEEPSTAKES

Full Official Rules

(National)

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THE HEINEKEN SUMMER MUSIC 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. 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 Inc. (“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 12:01 Eastern Time (ET) on 4/15/19 and ends at 11:59 p.m. ET on 9/30/19. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Twitter. You are providing your information to Sponsor.

3. HOW TO ENTER:

There are three (3) ways to enter the Sweepstakes: (a) on Instagram, (b) on Twitter, or (c) on the Internet.

(a) Instagram: During the Sweepstakes entry period, access the Instagram application on your mobile device (“Mobile Device”) and share an original “Summer Music Experience” story, comment and/or photograph, using the hashtag #HeinekenEncoreSweeps. (Refer to Section 4 for content guidelines.) 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/. (Be sure your account is set to “public” and not “private”.)

(b) Twitter: During the Sweepstakes entry period, tweet an an original “Summer Music Experience” story, comment and/or photograph from your mobile device (“Mobile Device”) or your computer using the hashtag #HeinekenEncoreSweeps Twitter accounts are free. You must be an active holder of a nonprivate Twitter account to be eligible to enter this Sweepstakes via Twitter (i.e., you must make sure your tweets are set to “public” and not “private”).Twitter’s Terms of Service apply and can be found at http://twitter.com/tos. If you tweet 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. Your entry tweet must contain original text created by you and may not include any content that violates the rights of third parties, such as the names of specific individuals, terms, schools, businesses, etc.

(c) Internet Entry: To submit an Internet entry for free, visit www.Heineken.com/US/MusicEncore and follow the on-screen entry instructions to enter. You must fully complete the registration to be entered into the Sweepstakes. Normal time rates, if any, charged by Internet service provider will apply.

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.

There is a limit of one (1) entry per person per day regardless of method of entry. All entries must be unique and must be received by 11:59 p.m. ET on 9/30/19.

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. 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, Dos-A-Rita, Murphy’s, Newcastle, Red Stripe, Strongbow, Tecate, and Tiger).

4. SUBMISSION GUIDELINES:

All entry information, stories, comments, tweets, 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 stories, comments, or tweets 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 photograph, story, or tweet. 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.

Photograph Guidelines

In the case of photographs 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.

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 Heineken 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 e-mail 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. Prizes 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. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners are allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion.

Prizes (338): A total of three hundred thirty-eight (338) prizes will be awarded. Two (2) prizes will be awarded each day beginning on 4/16/19 and ending on 10/1/19. Prizes are as follows:

(a) Prize #1 (169): One hundred sixty-nine (169) $100 Live Nation e-gift codes that can be used toward the purchase of tickets to any Live Nation concert or event. One (1) $100 e-gift code will be awarded each day beginning on 4/16/19 and ending on 10/1/19.

Selection of concert seat locations is solely within Live Nation’s discretion. Tickets are subject to availability, venue capacity, artist and age restrictions. Tickets to a particular concert are not guaranteed. Winner and guest must abide by all venue policies. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Live Nation into disrepute. Winner must select concert within thirty (30) days of winning or forfeits the prize. Resale of tickets is prohibited. 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 prize set forth above is the sole responsibility of winner.

Total retail value (TRV) of all one hundred sixty-nine (169) $100 Live Nation e-gift codes is $16,900.

(b) Prize #2 (169): One hundred sixty-nine (169) six-month Spotify Premium Memberships will be awarded. One (1) six-month Spotify Premium Membership will be awarded each day beginning on 4/16/19 and ending on 10/1/19. TRV of each six-month Spotify Premium Membership: $59.94. TRV of all Spotify Premium Memberships: $10,129.86.

By using a Spotify card/PIN, you accept the following conditions:

· This card is redeemable for full price standalone Premium subscription months purchased directly from spotify.com only and cannot be redeemed for discounted or group subscriptions (more on eligibility at www.spotify.com/gift-card).

· This card cannot be redeemed for cash or credit and cannot be returned or resold (except where required by law).

· In order to redeem the PIN, you must have or register for a Spotify account and you must reside in the US to register.

· This is a single-use card: the full face-value for an individual account is deducted at redemption and no incremental redemption or credit is permitted.

· Spotify is not responsible for any loss or damage resulting from lost, stolen, or fraudulently obtained cards or use without permission.

· Full Terms and Conditions governing Spotify gift cards are found at www.spotify.com/gift-card.

· The Spotify Service is governed by the Spotify Terms and Conditions, which can be found at www.spotify.com/legal/end-user-agreement.

TRV of all one hundred sixty-five (165) $50 Spotify e-gift codes is $8,250.

TRV of all prizes: $27,029.86.

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 daily prize are dependent on the number of eligible entries received prior to each day’s drawing.

6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:

Potential winners will be selected in daily random drawings beginning on 4/16/19 from among all eligible entries received prior to each drawing. Drawings will be conducted by Sponsor or its appointed agent, and all decisions are final. Potential winners will be contacted by telephone and/or e-mail. If any potential winner cannot be reached within twenty-four (24) 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 will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given. Limit one (1) prize per person or household.

All potential winners may be required to sign and return, where legal, a Declaration 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 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 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:

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 or Twitter, etc. as appropriate] and agree to release and hold harmless Instagram and Twitter, Live Nation and Sponsor, and their respective advertising and promotional agencies, and 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.

8. 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 SMS entrant, an entry will be declared as made by the authorized account holder of the Mobile Device used for entry. In case of a dispute as to the identity of any Internet entrant, an entry made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

If for any reason the 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 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 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.

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 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.

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 http://heinekenusa.com/privacy-cookie-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 you information to HEINEKEN USA Inc. and not to Instagram or Twitter.

11. LIST OF WINNERS:

To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Winners List, Heineken Summer Music Sweepstakes. P.O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 10/15/19 and received by 10/31/19.

12. SPONSOR: HEINEKEN USA Inc., White Plains, NY.

Twitter® is a registered trademark of Twitter, Inc., San Francisco, CA.

Instagram® is a registered trademark of Instagram, LLC, Menlo Park, CA.