HEINEKEN “YOUR COACHELLA” PROMOTION
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE HEINEKEN “YOUR COACHELLA” 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 national sweepstakes (“National Sweepstakes”). Collectively, the Instant Win Program and the National Sweepstakes are referred to as the “Promotion,” and the Instant Win Period and the National Sweepstakes Periods as the “Promotion Period.” There will also be a regional sweepstakes (“Regional Sweepstakes") that will be open only to residents of the state of California or Illinois as set forth below.
(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 authorized to participate in the Instant Win portion of this Promotion if you reside in New Jersey or Texas or outside the United States.
(b) The National 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.
(c) The Regional Sweepstakes is only open to legal residents of the state of California or Illinois who are 21 years of age and older at time of entry.
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”), Pernod Ricard USA, LLC, and their 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 Instant Win Program begins at 12:01 a.m. Eastern Time (ET) on 3/1/19 and ends at 11:59 p.m. ET on 4/21/19 or when all Instant Win prizes have been awarded, whichever is earlier (“Instant Win Period”). Both the National Sweepstakes and the Regional Sweepstakes begin at 12:01 a.m. ET on 3/1/19 and end at 11:59 p.m. ET on 3/31/19. (“Sweepstakes Period”).
3. HOW TO ENTER:
To enter visit 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 4/21/19.
Please note that in order to be eligible for a chance to win a National or Regional Sweepstakes prize, your entry must be received by 11:59 p.m. ET on 3/31/19. Entries received after that date and before 11:59 p.m. ET on 4/21/19 are still eligible for a chance to win an Instant Win prize. After completing your entry you have the option to share the Promotion utilizing a personalized URL link. If you choose to share the URL you will earn an additional bonus entry into the Sweepstakes portion of the Promotion 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 Promotion. By submitting an entry, entrants are automatically entered into both the Instant Win Program and the National Sweepstakes except as noted in the Eligibility Section above. Eligible Illinois residents will also be entered into the Regional Sweepstakes. Limit one (1) entry per person, per day. 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, winners of Instant Win prizes before 3/31/19 are still eligible for a chance to a Sweepstakes prize. Limit one (1) Sweepstakes prize per person or household.
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.
(a) Instant Win Prizes (7): Seven (7) Instant Win prizes will be randomly awarded during the Promotion Period. Each Instant Win prize consists of a YouTube Music Premium gift subscription for 5-months, with an approximate retail value of $49.95 each. Sponsor reserves the right to award prize in the form of a gift card. Retail value of all Instant Win prizes: $349.65.
(b) National Sweepstakes
(i) Grand Prize (1): One (1) grand prize will be awarded. Winner will have the option of customizing certain elements of the prize as set forth below. Grand prize includes the following:
· Round-trip coach airfare* for two (2) people from the gateway airport nearest winner’s residence.
*Sponsor reserves the right to substitute ground transportation for airfare if winner resides within one hundred fifty (150) miles of Indio, CA.
· Winner can choose to attend Coachella on weekend #1 (4/12 – 4/14) OR weekend #2 (4/19 – 4/21).
· Winner can choose three (3) nights’ accommodations either camping on the Coachella camp grounds OR lodging at a hotel for winner and his/her guest. One (1) accommodation, double occupancy.
· Round-trip ground transportation between arrival airport and Coachella lodging accommodations. Winner can select to receive a Turo rental of a BMW 7-series vehicle OR be picked up and dropped off via a car service.
· Two (2) VIP 3-day tickets to Coachella.
· Winner can select one (1) Heineken-branded merchandise item—a Heineken pop socket OR a Heineken bandana.
Approximate retail value (ARV) of the National Sweepstakes grand prize: $5,000.
(ii) First Prize (1): One (1) first prize will be awarded. The first prize winner will receive round-trip coach airfare* for two (2) people from the gateway airport nearest winner’s residence, two (2) VIP 3-day tickets to Coachella, along with whatever lodging, ground transportation and merchandise option that was not selected by the grand prize winner. Prize will be awarded for the weekend not selected by the grand prize winner. ARV of the National Sweepstakes first prize: $5,000.
*Sponsor reserves the right to substitute ground transportation for airfare if winner resides within one hundred fifty (150) miles of Indio, CA.
(c) Regional Sweepstakes Prize #1 CA (1): One (1) grand prize will be awarded to an entrant from the state of California. Winner will receive two (2) VIP 3-day tickets to Coachella, to weekend #1 or weekend #2 as solely determined and designated by Sponsor. ARV of the Regional Sweepstakes grand prize: $1,998.
* Note: There is no transportation or accommodations provided as part of Regional Sweepstakes Prize #2 CA. Winner is solely responsible for all transportation and accommodations.
(d) Regional Sweepstakes Prize #2 IL (1): One (1) grand prize will be awarded to an entrant from the state of Illinois. Winner will receive round-trip coach airfare* for two (2) people from the gateway airport nearest winner’s residence, two (2) VIP tickets to Coachella, hotel accommodations for two (2) people—one room, double occupancy—for three (3) nights, and round- trip ground transportation between hotel and the Coachella event. ARV of the Regional Sweepstakes grand prize: $5,000.
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.
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.
(b) National Sweepstakes
Odds of winning a prize in the National Sweepstakes are dependent on the number of eligible entries received by 11:59 p.m. ET on 3/31/19.
(c) Regional Sweepstakes
Odds of winning a prize in the Regional Sweepstakes are dependent on the number of eligible entries received from California or Illinois residents by 11:59 p.m. ET on 3/31/19.
6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
(a) Instant Win
Potential Instant Win prize winners will be selected at random and notified by e-mail. If you are a potential Instant Win prize winner, you will receive a message stating that you have won an Instant Win prize along with a claim form, which must be returned within one (1) day of receipt. Please note that you are not officially a winner until your eligibility has been verified and you have fully complied with these Official Rules.
(b) National Sweepstakes
The potential winners in the National Sweepstakes portion of the Promotion will be selected in a random drawing from among all eligible entries received, to be held on or about 4/1/19. Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final. The potential winners will be contacted by telephone. If any potential winner cannot be reached within forty-eight (48) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given.
(c) Regional Sweepstakes
The potential winners in the Regional Sweepstakes portion of the Promotion will be selected in a random drawing from among all eligible entries received from residents of the state of California (Regional Sweepstakes Prize #1), and Illinois (Regional Sweepstakes Prize #2), to be held on or about 4/1/19. Drawing will be conducted by Sponsor or its appointed agent, and all decisions are final. The potential winner will be contacted by telephone. If any potential winner cannot be reached within forty-eight (48) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given.
All potential Sweepstakes prize winners will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within two (2) days of notification that he/she is a potential winner. No potential winner will be an official winner until his/her Affidavit of Eligibility and Liability/Publicity Release has been returned and eligibility has been formally verified by Sponsor. If any potential winner fails to comply with these Official Rules and/or to submit the required documentation within the designated time period, he/she will be automatically disqualified and the prize may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Promotion and acceptance of prize constitute Sweepstakes winners’ and guests’ 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 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 winners’ guests acknowledge and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, Pernod Ricard USA, LLC, 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 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 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 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 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:
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Winners' List, Heineken “Your Coachella” Promotion, P. O. Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by 5/15/19 and received by 5/31/19.
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.