US OPEN
TENNIS CHAMPIONSHIPS SWEEPSTAKES PRESENTED BY HEINEKEN
Full
Official Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE US OPEN TENNIS
CHAMPIONSHIPS SWEEPSTAKES PRESENTED BY HEINEKEN (“SWEEPSTAKES”) 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. 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”), its parent,
subsidiary, and affiliated companies, alcoholic beverage suppliers,
wholesalers, distributors, and importers, alcoholic beverage retailers, and
Sponsor’s advertising and promotional agencies, and employees, officers, and
directors of the United States Tennis Association Incorporated (“USTA”) and its
family of companies, subsidiaries, and affiliated companies. All federal, state,
and local regulations apply.
2. START/END
DATES:
The Sweepstakes begins at 12:01 a.m. Eastern Time
(ET) on 6/20/2023 and ends at 11:59 p.m. ET on 9/10/2023.
3. HOW TO
ENTER – Internet Entry: To enter, scan the QR code on the applicable point
of sale signage using your mobile device’s camera or directly visit www.Heineken.com/us/en/promos/USOpen and follow the on-screen entry instructions to
enter. 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 9/10/2023.
·
Note: After completing your entry, you have the
option to share the Sweepstakes utilizing a personalized URL link provided on
the entry confirmation page. If you choose to share the URL, you will earn an
additional bonus entry into the Sweepstakes for each entrant who completes an
entry utilizing your shared personalized URL link.
By submitting an entry, entrants fully and
unconditionally agree to be bound by these Official Rules and the decisions of Sponsor
and its appointed agents, which will be final and binding in all matters
relating to the Sweepstakes. Limit one (1) entry per person per day, except as
noted above regarding bonus entries. Any
entry submitted on behalf of another individual or using another individual’s
information, providing any incorrect, inaccurate, fake or false information
during registration, or attempting to submit more than the allowable number of
entries by using alternate names, emails, addresses, or other method shall
result in all such entries being disqualified.
Please note that there is a limit of one (1) prize per
individual, household, street address, and/or e-mail address during any six (6)
month period across all HEINEKEN USA Inc. promotions, regardless of brand (Heineken,
Amstel, Dos Equis, Murphy’s, Newcastle, Red Stripe, Strongbow,
Tecate, and Tiger).
4. 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. 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.
Grand Prize (1): One (1) grand prize
will be awarded. Grand prize consists of a trip for two (winner and one guest
age 21+) to New York, NY to attend the 2024 US Open Finals including: round-trip
coach class airfare for winner and one (1) guest (age 21 or older) from
the nearest major metro airport to winner’s residential home address as
designated by Sponsor to the Sponsor designated airport serving New York, NY
(LGA, JFK, EWR); three (3) nights hotel accommodations for two (2) people—one
room, double occupancy at a Sponsor-designated hotel in the New York, NY metro
area; two (2) tickets to attend one (1) Sponsor designated US Open match
session for either the 2024 Women’s or 2024 Men’s Finals at Arthur Ashe Stadium
in Flushing, NY; and one $500 gift card towards a travel stipend (ground
transportation, meals, etc), subject to the terms
and conditions of issuing gift card provider policy. The approximate retail value (“ARV”) of the
grand prize: $4,000.
Winner’s guest must be twenty-one (21) years of
age or older as of the date of arrival. Winner and guest are solely responsible
for obtaining any required travel documents, including a valid passport where
applicable, vaccinations, COVID-19 testing or vaccination, and travel
insurance.
Any expenses or costs not expressly stated in
the description of the prize above, including, but not limited to, ground
transportation, hotel and airport transfers, parking 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.
Travel dates shall be as solely determined and
designated by Sponsor (scheduled for September 2024). Exact airline transportation, accommodation
details, travel dates, and terms to be determined at the sole discretion of
Sponsor. Transportation and accommodations
are subject to availability. Blackout dates and other restrictions may apply.
Once travel arrangements are booked, any penalties incurred as a result of
changes to travel (flight or hotel) are the sole responsibility of winner.
Sponsor will not replace any lost, mutilated, or stolen tickets, travel
vouchers, or certificates.
Resale of tickets is prohibited. Prize winners must accept delivery of prize in
the method as solely determined and designated by Sponsor (i.e. mobile ticket
delivery or other ticket delivery method).
In the event of any mobile or digital ticket delivery, winner is
solely responsible for any required software application required to download,
accept transfer, access or redeem mobile or digital ticket delivery. Once transferred or delivered, prize
shall be considered delivered to winner and Sponsor shall have no
responsibility for any delivery that is delayed, damaged, lost, misdelivered,
not received or stolen.
Seat locations shall be as solely determined
and designated by Sponsor, based upon availability. Each ticket subject to the terms and
conditions and policy and procedures, including rules of conduct, of the
hosting venue and the United States Tennis Association Incorporated (“USTA”). Winner and guest must comply and abide
by all applicable venue and event regulations and policies in connection with
the prize, and follow the instruction of any event staff or security. Sponsor, USTA and the stadium venue reserve
the right to revoke tickets and/or to remove or deny entry to winner and/or
his/her guest who engage in a non-sportsmanlike or disruptive manner, or with
intent to annoy, abuse, threaten, or harass any other person at any game, or
whom are deemed to be intoxicated, be a safety or security risk, have violated
any venue or event policy or law, and/or may bring Sponsor or USTA into
disrepute.
Match dates
and times are determined in the sole discretion of USTA and/or venue, as
applicable, and may be subject to change. The terms and conditions of the
tickets awarded as a prize will govern in the event a match is rescheduled,
postponed, delayed, cancelled or attendance is restricted or prohibited for any
reason including due to force majeure, weather, pandemic, an Act of God, an act
of terrorism, civil disturbance, work stoppage, government regulation or any
other reason. Sponsor will not be responsible for any match delay,
rescheduling, postponement or cancellation, and no prize substitution shall be
provided by Sponsor in any such event.
All expenses and travel costs incurred as a result of
seeking, winning, and/or making use of a prize are the sole responsibility of
winner. Any expense or cost not expressly stated in the description of the
prizes set forth above is solely the responsibility of winner.
All federal, state, and
local taxes, fees, and surcharges on any prize are the sole responsibility of
winner of the prize. 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:
Odds of winning are dependent on the number of eligible
entries received.
6. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:
Potential grand prize winner will be selected in a random
drawing to be held on or about 9/12/2023 from among all eligible entries
received. Drawing will be conducted by
Sponsor or its appointed agent, and all decisions are final. Potential winner
will be contacted by telephone and/or email. If the potential winner cannot be
reached and spoken with directly by phone within forty-eight (48) hours of
first notification attempt, if any prize or prize notification is returned as
undeliverable, if the potential winner rejects his/her prize, or in the event
of noncompliance with these Official Rules, such prize will be forfeited and an
alternate winner will be selected from among all remaining eligible entries.
Upon forfeiture of any prize, no compensation will be given. Note: phone messages will not be left
during the winner notification process.
Potential winner will be required to sign and return, where
legal, a Declaration of Eligibility and Liability/Publicity Release within three
(3) days of receipt. No potential winner
will be an official winner until any required paperwork has been returned and
eligibility has been formally verified by Sponsor. If the potential winner
fails to comply with these Official Rules and/or to submit any required
paperwork within the designated time period, he/she will be automatically
disqualified and the prize may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Sweepstakes and acceptance of prize
constitute winner’s and guest’s 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 each winner and guest regarding the Sweepstakes
or Sponsor for purposes of trade, publicity, or promotion without notice or
additional compensation, except where prohibited by law. By participating
and/or accepting a prize, entrants, winner, and guest acknowledge and agree to
release and hold harmless Sponsor, Sponsor’s advertising and promotional
agencies, the United States Tennis Association Incorporated, USTA National
Tennis Center Incorporated, City of New York, and their respective parent
companies, subsidiaries, affiliates, partners, representatives, agents,
successors, assigns, employees, officers, and directors (“Released Parties”)
from any and all liability for loss, harm, damage, injury, cost, or expense
whatsoever, including, without limitation, property damage, personal injury,
and/or death that may occur in connection with, preparation for, travel to, or
participation in the Sweepstakes, or participation in, possession, acceptance,
and/or use or misuse of any prize or participation in any Sweepstakes-related
activity, including, but not limited to, any claims based on publicity rights,
defamation or invasion of privacy, and merchandise delivery. Sponsor shall not
be responsible for any cancellations, delays, diversions, substitutions, or
omissions whatsoever by any other persons providing any services to winner,
including any results thereof, such as changes in services or location
necessitated by same. Sponsor is not responsible if any part of a Sweepstakes
prize cannot be awarded due to any Force Majeure, pandemics, 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 residential street address located within the (50)
U.S. or D.C. 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 email address submitted at the time of entry. The
“authorized account holder” is deemed the natural person who is assigned to 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 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 https://heinekenusa.com/privacy-policy/. By participating in the Sweepstakes, entrant hereby agrees to
Sponsor’s collection and usage of his/her personal information and acknowledges
that he/she has read and accepted Sponsor’s Privacy & Cookie Policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed,
US Open Tennis Championships Sweepstakes presented by Heineken, P.O. Box 248,
Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 11/15/2023
and received by 11/30/2023.
12. SPONSOR: HEINEKEN USA Inc.,
White Plains, NY.
©2023 HEINEKEN® Original
and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.
United States Tennis
Association Incorporated is not a sponsor of the Sweepstakes, and is in no way
responsible for the administration of the Sweepstakes, the verification of
winners or the fulfillment of prizing.
All inquiries regarding the Sweepstakes should be directed to Sponsor
and not to United States Tennis Association Incorporated.