HEINEKEN
SOCCER PROMOTION
Full
Official Rules
NO PURCHASE OR TEXT
MESSAGE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT OR SENDING A TEXT
MESSAGE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE HEINEKEN SOCCER PROMOTION (“PROMOTION”) 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. PROMOTION IS
GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES
CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES,
INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
This
Promotion consists of two (2) parts: (a) a random chance instant win program
(“Instant Win Program”), and (b) a random chance Sweepstakes (“Sweepstakes”). Collectively,
the Instant Win Program and the Sweepstakes are referred to as the “Promotion,”
and the Instant Win Period and the Sweepstakes Periods as the “Promotion
Period.”
ELIGIBILITY:
(a) The Instant Win Program is open only to
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 New Jersey and Texas. Void in New Jersey and Texas. This
portion of the Promotion may only be entered in or from the United States and
the District of Columbia (excluding New
Jersey and Texas), and entries originating from New Jersey, Texas, or
outside the United States are not eligible. You are not eligible to win in the
Instant Win portion of this Promotion if you reside in New Jersey or Texas or
outside the United States.
(b) 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”), Major League Soccer,
L.L.C. (“MLS”), Soccer United Marketing, LLC (“SUM”), the “MLS Entities”), and
their respective parent, subsidiary, and affiliated companies, their respective
printers, and advertising and promotion agencies, alcoholic beverage suppliers,
wholesalers, distributors, and importers, and alcoholic beverage retailers. All
federal, state, and local regulations apply.
2. START/END
DATES:
The Instant Win Program begins at 12:01 a.m.
Eastern Time (ET) on 5/10/19 and ends at 11:59 p.m. ET on 10/31/19 or when all
Instant Win prizes have been awarded, whichever is earlier (“Instant Win
Period”). The Sweepstakes begins at 12:01 a.m. Eastern Time (ET) on 5/10/19 and
ends at 11:59 p.m. ET on 10/20/19 (“Sweepstakes Period”).
3. HOW TO
ENTER:
There are two (2) ways to enter the Promotion: (a)
via SMS or (b) on the Internet.
(a)
SMS Entry: Submit an SMS entry from
your mobile device (“Mobile Device”) by texting ‘SOCCER’ to 64636. You will
receive a return text message providing a link to www.mdmhusa.com/Soccer. Visit
the website and follow the on-screen instructions to participate in the Instant
Win Program and to be entered into the Sweepstakes drawing. In you are an
instant winner you will receive an on-screen confirmation message. Carrier’s
standard messaging and data rates apply. All SMS entries must be submitted by 11:59
p.m. ET on 10/31/19.
(b)
Internet Entry: To submit an Internet entry
directly online (without sending a text), go directly to www.mdmhusa.com/Soccer
and follow the on-screen entry instructions. Normal time rates, if any, charged
by Internet service provider will apply. All Internet entries must be submitted
by 11:59 p.m. ET on 10/31/19.
There is
a limit of one (1) entry per person regardless of method of entry. Returning visitors can
login with their previously registered email address to participate in the
instant win game up to one time per day.
By submitting an entry, entrants fully and
unconditionally agree to be bound by these Official Rules and the decisions of HEINEKEN
USA Inc. (“Sponsor”) and its appointed agents, which will be final and binding
in all matters relating to the Promotion. By submitting an entry, entrants are
automatically entered into both the Instant Win Program and the Sweepstakes.
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), except that
in the case of this Promotion instant prize winners are still eligible for a
chance to win the Sweepstakes grand prize.
4. PRIZES:
All Promotion prize details are at Sponsor’s 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.
(a) Instant Win Prize #1 (20): Twenty (20) Instant Win
prize #1 will be awarded randomly. Each
instant win prize #1 consists of a Heineken-branded Soccer ball. The
approximate retail value (ARV) of each soccer ball: $6. The ARV of all soccer
balls: $120.
(b) Instant Win Prize #2 (5): Five (5) Instant Win
prize #2 will be awarded randomly. Each
instant win prize #2 consists of a $50 e-gift card to the MLSStore.com for team
gear of the winner’s choice. The approximate retail value (ARV) of each instant
win prize #2: $50. The ARV of all instant win prize #2: $250.
(c) Instant Win Prize #3 (5): Five (5) Instant Win
prize #3 will be awarded randomly. Each
instant win prize #3 consists of two (2) tickets to a Sponsor designated MLS
regular season soccer match. Game date, stadium location and seat locations as
solely determined and designated by Sponsor.
The approximate retail value (ARV) of each instant win prize #3: $100.
The ARV of all instant win prize #2: $500.
(d) Grand Prize
(1): One
(1) grand prize will be awarded. Grand prize winner will receive round-trip coach
airfare* for two (2) people from the gateway airport nearest winner’s residence
to the Sponsor designated destination city where the MLS Cup Championship is
being played on 11/10/19, two (2) tickets to the MLS Cup Championship match on
11/10/19 (seat locations as solely determined and designated by Sponsor based
upon availability), hotel accommodations for two (2) people—one room, double
occupancy—for two (2) nights. ARV of the Sweepstakes grand prize: $2,500.
The drawing for the
grand prize will be held on or about 10/21/19.
Exact transportation
and accommodation details, dates, times, and terms to be determined at the sole
discretion of Sponsor. No refund or compensation will be made in the event of
the cancellation or delay of any flight. Travel and accommodations are subject
to availability. Blackout dates and other restrictions may apply. All travel
must be completed by date determined by Sponsor, at its sole discretion, or
prize will be forfeited. Once travel is booked, any penalties incurred as a
result of changes to flights are solely the responsibility of winner. Travel is
subject to the terms and conditions set forth in these Official Rules and those
set forth by Sponsor’s airline carrier of choice as detailed in the passenger
ticket contract. All expenses and travel costs incurred as a result of seeking
or winning a prize are solely the responsibility of winner. Any expenses or
costs not expressly stated in the description of the prize above, including,
but not limited to, ground transportation, meals, incidentals, gratuities,
passenger tariffs or duties, surcharges, airport fees, service or facility
charges, personal charges at lodging, security fees, taxes, or other expenses,
are solely the responsibility of winner. Winners’ guests must 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. Winners
and guests are solely responsible for obtaining any required travel documents
and travel insurance. Winners and guests 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 solely the responsibility of winner.
Ticket winners
and their guests agree to comply with all applicable stadium regulations in
connection with the prize. Sponsor and the applicable MLS entities reserve the
right to remove or deny entry to any winner and/or his/her guest(s) who engage
in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten, or harass any other person at any game, event, or exhibition.
ARV
of all prizes: $3,370.
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 solely the 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.
5. ODDS OF WINNING:
(a) Instant Win
Odds of
winning an Instant Win prize are dependent on the number of eligible Instant Win
entries divided by the number of prizes available. Limit one (1) Instant Win prize
per person or household.
(b) Grand Prize Sweepstakes
Odds of
winning the Sweepstakes grand prize are dependent on the number of eligible
entries received.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
(a) Instant Win
Potential Instant
Win prize winners will be selected at random. If you are a potential Instant Win
prize winner, you will receive an on-message stating that you have won an
Instant Win prize. You will then be sent a prize claim form with instructions
on how to claim your prize. Allow 2 – 4 weeks for processing and delivery of
prize claim form. Please note that you
are not officially a winner until your eligibility has been verified and you
have fully complied with these Official Rules. Limit one (1) Instant Win prize
per person.
(b) Sweepstakes
The Potential
winner in the Sweepstakes
portion of the Promotion will be selected in a random drawing from among
all eligible entries received, to be held on or about 10/21/19. Drawing will be
conducted by Sponsor or its appointed agent, and all decisions are final. Potential
winner will be contacted by telephone or e-mail. If the 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.
All potential winner will be required to sign and return,
where legal, a Declaration of Eligibility and Liability/Publicity Release
within two (2) days of receipt. No potential winner will be an official winner
until any required documentation has been returned and eligibility has been
formally verified by Sponsor. If any potential winner fails to comply with these
Official Rules and/or to submit the required documentation within the
designated time period, he/she will be automatically disqualified and the prize
may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Promotion and acceptance of prize
constitute winners’ and guests’ (where applicable) permission for Sponsor or
its agents to photograph, film, and record each winner and guest and to use
his/her name, address (city and state), likeness, photograph, voice,
biographical information, and/or any statements made by winner and guest
regarding the Promotion or Sponsor for purposes of trade, publicity, or
promotion without notice or additional compensation, except where prohibited by
law. By participating and/or accepting a prize, entrants, winners, and guests
acknowledge and agree to release and hold harmless Sponsor, the MLS Entities,
and each of their respective parent companies, subsidiaries, affiliates,
partners, representatives, agents, successors, assigns, employees, officers,
and directors and their advertising, promotion, and fulfillment agencies,
(collectively, “Released Parties”) from any and all liability for loss, harm,
damage, injury, cost, or expense whatsoever, including, without limitation,
property damage, personal injury, and/or death that may occur in connection
with, preparation for, travel to, or participation in the Promotion, or
participation in, possession, acceptance, and/or use or misuse of any prize or
participation in any Promotion-related activity, including, but not limited to,
any claims based on publicity rights, defamation or invasion of privacy, and
merchandise delivery. Sponsor shall not be responsible for any cancellations,
delays, diversions, substitutions, or omissions whatsoever by any
transportation companies, sporting organization, and/or any other persons
providing any services to winner, including any results thereof, such as
changes in services or location necessitated by same. Sponsor is not
responsible if any part of a Promotion prize cannot be awarded due to acts of
God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor
shall not be liable for any loss or damage to personal belongings. Entrants who
do not comply with these Official Rules or who attempt to interfere with this
Promotion in any way shall be disqualified. There is no purchase required to
participate in the Promotion or to win any prize in the Promotion. A purchase
does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor
reserves the right to alter, suspend, or terminate the Promotion at any time
and with or without notice if, in Sponsor’s sole discretion, the integrity of the
Promotion becomes or is likely to become compromised in any way. In the event
the Promotion is terminated prematurely, all eligible entries received prior to
the Promotion termination or suspension date will be included in the next prize
drawing. No automated devices, bots, and/or other programs and/or software are
permitted. All entries become the sole and exclusive property of Sponsor and
will not be acknowledged or returned. Delivery of a prize will require a street
address located within the fifty (50) United States and 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 Promotion is not capable of running
as planned, including due to infection by computer virus, bugs, tampering,
unauthorized intervention, automated entries, fraud, technical failure, human
error, or any other cause beyond the control of Sponsor that corrupts or affects
the administration, security, fairness, integrity, or proper conduct of the
Promotion, Sponsor reserves the right, in its sole discretion, to disqualify
any individual who tampers with the entry process and to cancel, terminate,
modify, or suspend the Promotion. Sponsor assumes no responsibility for any
error, omission, interruption, telephone or other communications malfunctions,
deletion, defect, delay in operation or transmission, communications line
failure, or theft or destruction of, unauthorized access to, or alteration of
entries. Sponsor is not responsible for any problems or technical malfunctions
of any telephone networks or lines, computer online systems, servers, or
providers, computer equipment, software, failure of any e-mail or entry to be
received by Sponsor on account of technical problems or traffic congestion on
the Internet or at any website, any combination thereof, or otherwise,
including any injury or damage to entrant’s or any other person’s computer
related to, or resulting from, participation or downloading of any materials in
the Promotion.
Sponsor and its agents are not responsible for printing, distribution,
or production errors and may, in their sole discretion, rescind, cancel,
suspend, modify, or revoke this Promotion based upon any such error without
liability. If by reason of a printing,
computer, or other error more prizes are awarded in a prize category than the
number set forth in these Official Rules, all persons purportedly making valid
claims will be included in a random drawing to award the advertised number of
prizes available. In no case will more than the advertised number of prizes be
awarded. Antifraud detection devices may be used for verification purposes. In
the event there is a discrepancy or inconsistency between disclosures or other
statements contained in any Promotion materials and the terms and conditions of
the Official Rules, the Official Rules shall prevail, govern and control.
Sponsor’s failure to
enforce any term of these Official Rules shall not constitute a waiver of that
provision. Headings are solely for convenience and will not be deemed to affect
in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or
undermine the legitimate operation of the Promotion may be a violation of
criminal and civil laws, and should such an attempt be made, Sponsor reserves
the right to seek damages from any such person to the fullest extent permitted
by law.
IN NO EVENT WILL THE
RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR
THIS PROMOTION, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION.
9. DISPUTES AND GOVERNING
LAW:
The parties
waive all rights to trial in any action or proceeding instituted in connection
with these Official Rules, including, without limitation, the Promotion. Any
controversy or claim arising out of, or relating to, these Official Rules
and/or the Promotion shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in New York City, New York.
THESE OFFICIAL
RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED
IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS
CONFLICTS OF LAWS AND RULES. For any matters that are not subject to
arbitration as set forth in these Official Rules and/or in connection with the
entering of any judgment on an arbitration award in connection with these
Official Rules and/or the Promotion, the parties irrevocably submit and consent
to the exclusive jurisdiction and venue of the state and federal courts located
in or closest to New York City, New York. The parties agree not to raise the
defense of forum non conveniens.
10. USE OF DATA:
Sponsor will
be collecting personal data about entrants online, in accordance with its
Privacy & Cookie Policy. Please review Sponsor’s Privacy & Cookie Policy
at http://heinekenusa.com/privacy-cookie-policy/. By participating in the Promotion, entrant hereby agrees to Sponsor’s
collection and usage of his/her personal information and acknowledges that
he/she has read and accepted Sponsor’s Privacy & Cookie Policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a
self-addressed, stamped envelope, with sufficient postage, to Winners List,
Heineken Soccer Promotion, P.O. Box 248, Woodbridge, NJ 07095. All requests for
a list of winners must be postmarked by 11/30/19 and received by 12/14/19.
12. SPONSOR: HEINEKEN USA Inc.,
White Plains, NY.
©2019 HEINEKEN® and
HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.