Heineken – Coachella Photo Contest – Win two (2) GENERAL ADMISSION 3-day tickets to Coachella for weekend #2 (Fri

HEINEKEN
COACHELLA PHOTO CONTEST

Full
Official Rules

 

NO PURCHASE OR TEXT
MESSAGE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT OR SENDING A TEXT
MESSAGE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

THE HEINEKEN COACHELLA PHOTO CONTEST (“CONTEST”) 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. CONTEST 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 Contest 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:

 

The Contest begins at 12:01 a.m. Eastern Time
(ET) on 3/1/20 and ends at 11:59 p.m. ET on 10/18/20. Note: In order to be eligible for a chance to win a Grand Prize or
First Prize (see prize descriptions below), entry must be received by not later
than 11:59 p.m. ET on 9/30/20.  Entries
received after 9/30/20 will only be eligible for a chance to win a Secondary
merchandise prize. This Contest 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 that includes an image of your best Coachella-inspired
photo.  Entries will be judged on
creativity (25%), originality (25%), photo that best represents a
Coachella-inspired photo and represents the Heineken® brand in a positive image
(25%) and quality of the photo submission (25%). Judging will be conducted by
Sponsor and/or Administrator and all decisions are final.

Your entry must contain an original Photo
created by you and may not include
any content that violates the rights of third parties, such as the names of
specific individuals, schools, businesses, etc. 
You may enter as often as once per day, but each photo submission
must be original and unique.

 

There are four (4) ways to enter the Contest: (a)
on Twitter, (b) on Instagram, (c) via Text or (d) on the Internet. All entries and photographs submitted must
comply with the Photograph Requirements below. The photograph should
include an image of ‘Your Best Coachella-inspired Photo’ and any optional
inclusion of Heineken® beer image, advertising, product, logo, packaging or
merchandise (no purchase necessary –
Heineken product image is not required, and will not increase your chances of
winning).

 

(a)       Twitter: To enter, tweet your
photo submission along with any optional comments about your photo from your mobile
device (“Mobile Device”) or your computer using the hashtag #HeinekenCoachellaContest.
Submitted photos/tweets will appear on Twitter under the hashtag #HeinekenCoachellaContest.
 Twitter accounts are free. You must be an active holder of a nonprivate Twitter
account to be eligible to enter this Contest via Twitter (i.e., you must
make sure your tweets are set to “public” and not “private”).Twitter’s Terms of
Service apply and can be found at http://twitter.com/tos. If you tweet 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.

 

(b)       Instagram: To enter, access the
Instagram application on your mobile device (“Mobile Device”) and post your
photo and any optional comments using the hashtag #HeinekenCoachellaContest. Submitted photos/posts
will appear on Instagram under the hashtag #HeinekenCoachellaContest.  If you do not have the Instagram application,
you may download it through the app store on your Mobile Device. The
application is free. Instagram’s Terms of Use apply and can be found at http://instagram.com/legal/terms/. (Be sure your account
is set to “public” and not “private”.) If
you enter the Contest 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.

 

(c)       SMS Entry: Submit an SMS entry
from your mobile device (“Mobile Device”) by texting ‘HKNCoachella’
to 77000. You will receive a return text message providing a link to www.Heineken.com/US/Coachella. Click the link to visit
the website and follow the online entry instructions to complete the
registration form with all required information and upload your photo along
with any optional comments. Carrier’s standard messaging and data rates apply.

 

(d)       Internet
Entry:
To submit an Internet entry directly online (without sending a text), visit www.Heineken.com/US/Coachella, and follow the online
entry instructions to complete the registration form with all required information
and upload your photo along with any optional comments. Normal time rates, if
any, charged by Internet service provider will apply.

 

All
entries must be received by 11:59 p.m. ET on 9/30/20 to be eligible for a
chance to win a Grand Prize or First Prize (see prize descriptions below).  Entries received after 9/30/20 will only be
eligible for a chance to win a Secondary merchandise prize.  All entries must be received by 11:59 p.m. ET
on 10/18/20.

 

Refer to the photo guidelines set forth below. Limit
one (1) entry per person per day regardless of method of entry. Each photo submission
must be unique. Duplicate photos will not be counted as entries. For purposes
of these Official Rules, a “day” is defined as a as starting on 12:00:01 pm ET
and ending at 11:59:59 pm ET.

 

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 Contest. 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 (Dos Equis, Amstel, Heineken, Murphy’s,
Newcastle, Red Stripe, Strongbow, Tecate, and Tiger).

 

4.         PHOTOGRAPH 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; (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 submitted photograph.
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 photographs as a condition of entering the Contest
or being selected a winner.

 

Each entry 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 Contest, 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 Twitter must adhere to
the Twitter Terms of Use set forth at http://twitter.com/tos/.

·        
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 individuals in the photographs 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.

 

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

 

·        
Photographs that reflect irresponsible or
excessive consumption.

·        
Photographs deemed to be disparaging of Sponsor,
its brands, or anyone else.

·        
Photographs containing any use of profanity,
obscenity, nudity, racism, or sexual content.

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

·        
Photographs promoting any activity that may
appear to be unsafe and/or dangerous.

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

 

Photographs 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.

 

5.         PRIZES:

 

All prize details are at Sponsor’s sole discretion. Prizes
to be awarded “as is” and any and all warranties and/or guarantees (if any)
shall be subject to the prize manufacturer’s terms; therefore, winners agree to
look solely to such manufacturer(s) for any such warranty(s) and/or
guarantee(s), if any. Any prize depiction is for illustrative purposes only and
shall not be relied upon. No part of any prize includes any alcoholic beverages.
Prizes are not transferable or redeemable for cash. No substitutions of prizes by
winners are allowed, but Sponsor reserves the right to substitute a prize of
equal or greater value at its sole discretion.

 

Grand
Prize #1 (1): One
(1) Grand Prize #1 will be awarded, and the drawing for the Grand Prize will
take place on or about 10/1/20. Winner will have the option of selecting
weekend #1 or weekend #2 for their prize as set forth below. Grand Prize
consists of a trip for two (winner and one guest age 21 or older) to Coachella
and includes the following:

·        
Grand
Prize winner #1 can choose to attend Coachella on weekend #1 (Fri, 10/9/20 –
Sun, 10/11/20) OR weekend #2 (Fri, 10/16/20
– Sun, 10/18/20).

·        
Round-trip
coach airfare* for two (2) people from the gateway airport nearest winner’s
residence to Los Angeles, CA (LAX), or other airport servicing the Coachella
area as solely determined and designated by Sponsor (i.e. Palm Springs – PSP or
Ontario – ONT).

o  
NOTE:  If winner
resides within one hundred fifty (150) miles of Indio, CA, Sponsor reserves the
right to substitute a $250 travel stipend or ground transportation in lieu of
airfare, and no additional compensation or substitution will be provided for
difference in prize value.  

·        
Standard
hotel accommodations for two (2) people—one (1) room, double occupancy—for
three (3) nights.  

·        
Two
(2) VIP 3-day tickets to Coachella, including ground transportation to/from
hotel and Coachella.

 

NOTE:  winner is solely responsible for all ground
transportation not expressly included in prize award above including, but not
limited to, all airport and hotel transfers, local ground transportation and
parking.  Approximate retail value (ARV) of the Grand
Prize #1: $5,000.  Actual value may vary
based on location of winner’s residence. Any difference between the ARV and
actual value will not be awarded.

 

Grand
Prize #2 (1): One
(1) Grand Prize #2 will be awarded, and the drawing for the Grand Prize will
take place on or about 10/1/20. Grand Prize consists of a trip for two (winner
and one guest age 21 or older) to Coachella and includes the following:

·        
Grand
Prize winner #2 will be required to attend Coachella on weekend NOT
selected by Grand Prize winner #1 – either weekend #1 (Fri, 10/9/20 –
Sun, 10/11/20) OR weekend #2 (Fri, 10/16/20
– Sun, 10/18/20), as solely determined and designated by Sponsor.

·        
Round-trip
coach airfare* for two (2) people from the gateway airport nearest winner’s
residence to Los Angeles, CA (LAX), or other airport servicing the Coachella area
as solely determined and designated by Sponsor (i.e. Palm Springs – PSP or
Ontario – ONT).

o   NOTE:  If winner resides within one hundred fifty
(150) miles of Indio, CA, Sponsor reserves the right to substitute a $250
travel stipend or ground transportation in lieu of airfare, and no additional
compensation or substitution will be provided for difference in prize value.

·        
Standard
hotel accommodations for two (2) people—one (1) room, double occupancy—for
three (3) nights.  

·        
Two
(2) VIP 3-day tickets to Coachella, including ground transportation to/from
hotel and Coachella.

 

NOTE:  winner is solely responsible for all ground
transportation not expressly included in prize award above including, but not
limited to, all airport and hotel transfers, local ground transportation and
parking.  Approximate retail value (ARV) of the Grand
Prize #2: $5,000.  Actual value may vary
based on location of winner’s residence. Any difference between the ARV and
actual value will not be awarded.

 

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 or event. 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 the sole 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.

 

First
Prize (5): Five
(5) First Prizes will be awarded, and the drawing for the First Prize will take
place on or about 10/1/20.  Each First
Prize winner will receive two (2) GENERAL ADMISSION 3-day tickets to Coachella
for weekend #2 (Fri, 10/16/20 – Sun, 10/18/20), based upon availability.  Sponsor reserves right to substitute tickets
for weekend #1, based upon availability, at its sole discretion.  Sponsor will not be responsible for any
additional costs in connection with the First Prize, and all costs incurred in
connection with the First Prize, including travel to and accommodation at the
Coachella festival, will be the sole responsibility of the winners.

 

ARV of each First Prize: $858.  ARV of all available First Prize awards:
$4,290.

 

Second
Prize (10): Ten
(10) second prizes will be awarded, and the drawing for the second prize will
take place on or about 10/19/20. Each Second Prize consists of Sponsor
designated Heineken-brand merchandise. Merchandise items will be as determined
by Sponsor at its sole discretion. ARV of each Second Prize: $50.  ARV of all available Second Prize awards:
$500.

 

ARV
of all available prize awards: $14,790.

 

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 except as otherwise expressly set forth above. Any expenses or costs
associated with prize acceptance and use not expressly stated in the
description of the prize above as being provided, including, but not limited
to, ground transportation, parking, airline seat assignment fees, baggage check
fees, hotel resort fees, 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 the sole
responsibility of winner. Grand Prize winner’s guest 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. Winner and
guest are solely responsible for obtaining any required travel documents and
travel insurance. Grand Prize winner and guest must each execute an Affidavit
of Eligibility and Publicity and Liability 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 the sole responsibility
of winner.

 

Sponsor is not responsible if event or any
portion of event is delayed, postponed or cancelled for any reason, in which
event that portion of prize is forfeited in its entirety, no substitution will
be provided except as in Sponsor’s sole discretion, and winner will not be
reimbursed for tickets. Tickets may be subject to standard rain-check policies
and procedures. By accepting the prize, winner agrees to abide by any terms,
conditions and restrictions provided by the ticket and hosting venue.  Winner and guest agree to abide by all venue
rules and regulations. Failure to do may result in forfeiture of prize, and no
alternate compensation or prize award shall be provided.

 

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, and decisions of judges.

 

7.         WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:

 

Potential Grand Prize #1, Grand Prize #2 and First Prize winners
will be selected on or about 10/1/20, from among all eligible entries received
as of 11:59p ET on 9/30/20.

 

Potential Second Prize winners will be selected on or about
10/19/20, from among all eligible entries received.

 

Winners shall be determined by Judging via the Judging
criteria as outlined above, and Judging shall be conducted by Sponsor and/or
Administrator and all decisions are final. Potential winners will be contacted
by telephone, email, and/or via post to their associated Instagram or Twitter
account. If any potential winner cannot be reached within twenty-four (24)
hours of first notification attempt, if any prize or prize notification is
returned as undeliverable, if any potential winner rejects his/her prize, or in
the event of noncompliance with these Official Rules, such prize will be
forfeited and an alternate winner may be selected from among all remaining
eligible entries, time permitting. Upon forfeiture of any prize, no
compensation will be given. Note: phone
messages will not be left during the winner notification process.  Limit one (1) prize per person or
household.

 

Each potential prize winner will be required to sign and
return, where legal, an Affidavit of Eligibility and Liability/Publicity
Release within one (1) day 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 or
Declaration 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.

 

8.         LICENSE AND RELEASE:

 

Participation in the Contest 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 Contest 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 winner’s guest acknowledge
and agree that this Contest is in no way sponsored, endorsed, or administered
by, or associated with, Instagram or Twitter, and agree to release and hold
harmless Instagram, Twitter, Sponsor, Sponsor’s advertising and promotional
agencies, 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 Contest, or participation
in, possession, acceptance, and/or use or misuse of any prize or participation
in any Contest-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 Contest
in any way shall be disqualified. There is no purchase required to participate
in the Contest or to win any prize in the Contest. A purchase does not increase
odds of winning.

 

9.         ADDITIONAL TERMS:

 

Sponsor
reserves the right to alter, suspend, or terminate the Contest at any time and
with or without notice if, in Sponsor’s sole discretion, the integrity of the Contest
becomes or is likely to become compromised in any way. In the event the Contest
is terminated prematurely, all eligible entries received prior to the Contest
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 e-mail 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 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 mobile device or e-mail address associated with the winning
entry.

 

If for any reason the Contest 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 Contest,
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 Contest. 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 Contest.

 

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 Contest 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 Contest 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 Contest 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 CONTEST, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST.

 

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 Contest. Any
controversy or claim arising out of, or relating to, these Official Rules
and/or the Contest 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 Contest, 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 http://heinekenusa.com/privacy-cookie-policy/. By participating in the Contest, 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
Coachella Photo Contest. P. O. Box 248, Woodbridge, NJ 07095. All requests for
a list of winners must be postmarked by 11/30/20 and received by 12/15/20.

 

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

 

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

 

 

 

 

 

©2020 HEINEKEN® Original
and HEINEKEN® Light Lager Beer. Brewed in Holland. Imported by Heineken USA, White Plains, NY.