Heineken – Bot Summer Photo – Win Ten (10) grand prizes will be awarded

HEINEKEN BOT SUMMER PHOTO SWEEPSTAKES

Full Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT
IMPROVE YOUR CHANCES OF WINNING.  MUST BE
TWENTY-ONE (21) YEARS OF AGE OR OLDER TO ENTER.

 

THE HEINEKEN BOT SUMMER PHOTO 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.
VOID WHERE PROHIBITED. 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 (“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:

 

Sweepstakes
begins at 12:01 a.m. Eastern Time (ET) on 7/26/2021 and ends at 11:59 p.m. ET
on 8/12/2021. 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:

 

Your entry must
contain an original photograph (“Photo”) created by you (and not previously submitted) that shows how you are ‘Celebrating
Summer with Heineken Cans’ (such as
beach, pool, backyard, music festival, sporting event or other summer
activities) – and must include any image of Heineken® beer cans, including
any product image, packaging, logo, advertising, merchandise or photographic
image (Note: there is no purchase
necessary – Heineken product purchase is not required, and will not increase
your chances of winning), each a “Submission”.

 

Your submission
may not include any content that violates the rights of third parties, such as
the names of specific individuals, businesses, etc.  You
may enter as often as once per day, but each submission must be original and
unique, and NOT previously submitted. 
Duplicate or near duplicate Submissions will be disqualified.

 

There are two (2)
ways to enter the Sweepstakes: (a) on Instagram, or (b) on Twitter. All entries and Submissions must comply
with the Requirements below.

 

(a)       Instagram: To enter via Instagram,
access the Instagram application on your compatible mobile device (“Mobile
Device”), and confirm you are following or follow @Heineken_US (in order to verify
you are 21 years of age or older). 
Then, during the Registration Period, share a photo (and any optional comments) showing how you are ‘Celebrating Summer
with Heineken Cans’, and use the hashtags #HeinekenBOT
#Sweepstakes. (Refer to Section 4 for photo content guidelines.)  Submissions will appear on Instagram under
the hashtag #HeinekenBOT #Sweepstakes.  NOTE: To enter the
Sweepstakes through this method, you must be an active holder of a non-private
Instagram account (holders of private
accounts may not enter using this method).  If you do not have the Instagram application,
you may download it through the application store on your mobile device. The
Instagram application is free, and Instagram’s Terms of Use apply. For details,
visit http://instagram.com/legal/terms/.

 

(b)       Twitter: To enter via Twitter, access
the Twitter application on your compatible mobile device, tablet
or desktop, and confirm you are following or follow @Heineken_US (in order to verify you are 21 years of age
or older).  Then, during the
Registration Period, Tweet a photo (and any optional comments) showing how
you are ‘Celebrating Summer with Heineken Cans’, use the hashtags #HeinekenBOT #Sweepstakes. (Refer to
Section 4 for photo content guidelines.) 
Submissions will appear on Twitter under the hashtags #HeinekenBOT #Sweepstakes.  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”).  If you do
not have the Twitter application, you may download it through the application
store on your mobile device. The Twitter application is free, and Twitter’s
Terms of Use apply. Twitter’s Terms
of Service apply and can be found at http://twitter.com/tos.

 

By
participating and submitting an entry, entrant agrees that Sponsor and any
participating parties are authorized to contact entrant via email to make
entrant aware of information pertinent to the Promotion, and to distribute
information regarding Sponsor’s featured products, special events, promotional
offers, or coupons. Entrants may opt out of any further email communication at
any time following the provided opt-out instructions.

 

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.

 

All entries must be unique and must be received
by 11:59 p.m. ET on 8/12/2021.  Duplicate or near duplicate submissions will not be counted as entries.
Refer to the submission guidelines set forth above and below.

 

There is a limit
one (1) entry per person per day regardless of method of entry.  For purposes of these Official Rules, a “day”
is defined as starting on 12:00:01 pm ET and ending at 11:59:59 pm ET. 

 

You may only
submit an entry on your own behalf.  Any
entry submitted on behalf of another individual or using another individual’s
information, Instagram or Twitter account, 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, accounts, addresses, or other method shall result in
all such entries being disqualified. 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. Please note that there is a limit of one (1) prize per
individual, household, street address, and/or email address during any six (6)
month period across all HEINEKEN USA Inc. promotions, regardless of brand
(Amstel, AriZona SunRise,
Dos Equis, Heineken, Murphy’s, Newcastle, Red Stripe,
Strongbow, Tecate, and Tiger).

 

4.         SUBMISSION GUIDELINES:

 

All entry information, 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 each submitted photograph (a) was taken by entrant and is
his/her original work; and in the case of any 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 comment, photograph 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

 

Each submission 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.

 

Submissions deemed by Sponsor, at
its sole discretion, to fall into any of the following categories will be
automatically disqualified:

●       
Submissions that describe, depict or reflect irresponsible or excessive consumption.

●       
Submissions including any content
deemed to be disparaging of Sponsor, its brands, or anyone else.

●       
Submissions containing any use of
profanity, obscenity, nudity, racism, or sexual content.

●       
Submissions promoting images and/or
the use of drugs (legal or illegal), tobacco, or firearms or other weapons.

●       
Submissions promoting any activity
that may appear to be unsafe and/or dangerous.

●       
Submissions that Sponsor deems to be
contrary to The Beer Institute’s Advertising and Marketing Code.

 

Submissions 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.

●      
Material containing animals.

 

5.         PRIZES:

 

All prize details are at Sponsor’s
sole discretion. The actual make and model of prize included will be determined
by Sponsor in its sole discretion. Prize 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.

 

Grand Prize (10): Ten
(10) grand prizes will be awarded. Each grand prize consists of one
Heineken-branded B.O.T. (Beer Outdoor Transporter) robo-cooler,
and a Samsung Galaxy A10e phone, with a total approximate retail value
(“ARV”) of $1,899 each. Total ARV of all
available grand prize awards:  $18,990.  The
intended use of the Samsung Galaxy phone listed above is solely as a
remote-control device for use with the Heineken-branded B.O.T.  The Prize does not include a cellular or data
service plan of any kind and the Sweepstakes is in no way sponsored by or
associated with any cellular service provider or Samsung.

 

Note: 
There is a maximum of one (1) prize award per person or household.  If eligible entries are less than
the scheduled number of prizes available, then associated prize award(s) shall
not be awarded.

 

Prize winners
must accept delivery of prize in the method as solely determined and designated
by Sponsor.  Prize shall be shipped to
the designated winner residential address via USPS or other Sponsor designated
shipping/mail carrier, or as otherwise designated by Sponsor.  Allow
approximately 8 – 12 weeks for delivery. 
Once shipped, prize shall be considered awarded and fulfilled, and
Sponsor shall not be responsible for any lost, late, undelivered, misdirected,
damaged or stolen delivery or any incorrect shipping address provided.  In the event of any delivery issues, prize
award shall not be replaced or substituted with any alternate prize award or
compensation.  Winner shall look only to
designated shipper/carrier and not to Sponsor for any delivery issues.

 

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. 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.

 

6.         ODDS OF WINNING:

 

Odds of winning are based upon the
number of eligible entries received.

 

7.         WINNER SELECTION,
NOTIFICATION, AND VERIFICATION:

 

Potential winners will be selected
in random drawing from among all eligible entries received on or about
8/13/2021, to select ten (10) potential prize winners.  Drawing will be conducted by Sponsor or its
appointed agent, and all decisions are final. 
Potential winners will be contacted via post or direct message to the
Instagram or Twitter account.  If any
potential winner does not respond as instructed or cannot be reached and spoken
with directly by phone within 3-days of the initial 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 will be
required to sign and return, where legal, a Declaration of Eligibility and
Liability/Publicity Release within three (3) 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.

 

8.         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, winners, and grand
prize winners acknowledge and
agree to release and hold harmless Instagram, Twitter, Sponsor, Sponsor’s
advertising, promotional, and production agencies and partners, 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 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.

 

9.         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 mobile device 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, in the case of a mobile device entrant, to the
mobile device by the applicable telecom provider, or, in the case of an
Internet entrant, 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 mobile device or email
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 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.

 

10.       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.

 

11.       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. You are providing your information to Sponsor and not to Instagram or
Twitter.

 

12.       LIST OF WINNERS:

 

To obtain a list
of winners, send a self-addressed, stamped envelope, with sufficient postage,
to Winners List, Heineken BOT Summer Photo Sweepstakes, P. O. Box 248,
Woodbridge, NJ 07095. All requests for a list of winners must be postmarked by
9/30/2021 and received by 10/15/2021.

 

13.       SPONSOR: HEINEKEN USA Inc., White Plains, N.Y.

 

14.      ADMINISTRATOR:
Million Dollar Media, Woodbridge, NJ.

 

 

 

 

 

©2021 HEINEKEN® Original Lager Beer. Brewed in
Holland. Imported by HEINEKEN USA, 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.