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.
1. 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 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 www.YourCoachella.com 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.
4. 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.
(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:
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 “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.