Heineken – Nycfc Flyaway Sweepstakes

HEINEKEN NYCFC FLYAWAY SWEEPSTAKES
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 NYCFC FLYAWAY SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN
ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO LIVE WITHIN A
SEVENTY-FIVE (75) MILE RADIUS FROM YANKEE STADIUM (THE “TERRITORY”)
AND WHO ARE 21 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY.
SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED
STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING
CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT
LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR
RIGHT TO A TRIAL BY JURY.
1. ELIGIBILITY:
The Sweepstakes is open to legal residents of the United States who live within a
seventy-five (75) mile radius from Yankee Stadium and who are 21 years of age
or older at the 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 Major League Soccer, L.L.C. (“MLS”), Soccer
United Marketing, LLC (“SUM”) (collectively, the “MLS Entities”), New York City
Football Club, LLC (“Sponsor”), HEINEKEN USA Inc. (“Heineken”) and their
respective parent, subsidiary, and affiliated companies, their respective printers,
and advertising, promotion, an fulfillment agencies, alcoholic beverage suppliers,
wholesalers, distributors, and importers, and alcoholic beverage retailers. Sponsor
reserves the right to verify the eligibility of winners. All federal, state, and local
regulations apply.
2. START/END DATES:
The Sweepstakes begins at 12:01 a.m. Eastern Time (ET) on August 13, 2022 and
ends at 11:59 p.m. ET on September 17th
, 2022.
3. HOW TO ENTER:
There is one (1) way to enter the Sweepstakes.
(a) Internet Entry: To submit an Internet entry online, visit
www.nycfc.com/flyaway 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 9/17/22.
By submitting an entry, entrants fully and unconditionally agree to be bound by
these Official Rules and the decisions of HEINEKEN USA Inc. (“Heineken”) and
its appointed agents, which will be final and binding in all matters relating to the
Sweepstakes.
Limit one (1) entry per person per day regardless of method of entry. 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 (Amstel, Heineken, Dos Equis,
Murphy’s, Newcastle, Red Stripe, Strongbow, Tecate, and Tiger).
4. PRIZES:
All Sweepstakes prize details are at Sponsor’s sole discretion. Seat locations will
be as solely determined by Sponsor. 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.
Sponsor, Heineken, and the applicable MLS Entities reserve the right to remove
or deny entry to any winner and/or his/her guest who engage in a non-
sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or
harass any other person at any game, event, or exhibition.
Grand Prize: One (1) grand prize will be awarded. The Grand prize winner will be
selected on or about 9/19/22. The Grand prize consists of round-trip coach airfare
for four (4) people from a New York metropolitan area airports (JFK LGA, EWR,)
, four (4) tickets to the NYCFC vs. Atlanta United soccer match to be held in
Atlanta, GA on 10/09/22, and hotel accommodations for four (4) people—two
rooms, double occupancy—for two nights. ARV of the grand prize: $3,500.
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 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. Seat locations will be based on availability and will be determined by
Sponsor at its sole discretion.
All expenses and travel costs incurred as a result of seeking or winning a prize are
the sole responsibility of winner. Any expenses or costs not expressly stated in the
description of the prize above, including, but not limited to, ground transportation,
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. Winner’s 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. Winner
and guests are solely responsible for obtaining any required travel documents and
travel insurance. Winner and guests must each execute an Affidavit of Eligibility
and Publicity Release form provided by Sponsor or its appoint 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.
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
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:
The odds of winning a grand prize are dependent on the number of eligible entries
received as of the date and time of the drawing.
6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
The Sweepstakes winner will be selected in a random drawing from among all
eligible entries received as of the date and time of the drawing, to be held on or
about10/2/21. The 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 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 will be
selected from among all remaining eligible entries. Upon forfeiture of any prize, no
compensation will be given.
The potential 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 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:
This Sweepstakes is in no way sponsored, endorsed, administered by, or
associated with the MLS Entities, NYCFC or their parent companies, subsidiaries,
or affiliates. Participation in the Sweepstakes and acceptance of prize constitute
winner’s and guest’s (where applicable) permission for Sponsor, MLS Entities,
Heineken, 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 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 guests
acknowledge and agree to release and hold harmless Sponsor, the MLS Entities,
Heineken, and each of their respective parent companies, subsidiaries, affiliates,
partners, representatives, agents, successors, assigns, employees, officers, and
directors and their advertising, promotion, and fulfillment agencies, (collectively,
“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. Released Parties
shall not be responsible for any cancellations, delays, diversions, substitutions, or
omissions whatsoever by any transportation companies, sporting organization,
and/or any other persons providing any services to winner, including any results
thereof, such as changes in services or location necessitated by same. Released
Parties are not responsible if any part of a Sweepstakes prize cannot be awarded
due to acts of God, acts of war, natural disasters, weather, or acts of terrorism or
the cancellation or postponement of any MLS game, event or exhibition. Released
Parties shall not be liable for any loss or damage to personal belongings. Entrants
who do not comply with these Official Rules or who attempt to interfere with this
Sweepstakes in any way shall be disqualified. There is no purchase required to
participate in the Sweepstakes or to win any prize in the Sweepstakes. A purchase
does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor reserves the right to alter, suspend, or terminate the Sweepstakes at any
time and with or without notice if, in Sponsor’s sole discretion, the integrity of the
Sweepstakes becomes or is likely to become compromised in any way. In the
event the Sweepstakes is terminated prematurely, all eligible entries received prior
to the Sweepstakes termination or suspension date will be included in the next
prize drawing. No automated devices, bots, and/or other programs and/or software
are permitted. All entries become the sole and exclusive property of Sponsor and
will not be acknowledged or returned. Delivery of a prize will require a street
address located within the states of Connecticut, New Jersey, or New York.
Sponsor is not responsible for late, illegible, incomplete, invalid, unintelligible,
misdirected, technically corrupted, or garbled entries, which will be disqualified, or
for problems of any kind, whether mechanical, human, or electronic. Only fully
completed entries are eligible. Proof of submission will not be deemed to be proof
of receipt by Sponsor.
In case of a dispute as to the identity of any SMS entrant, an entry will be declared
as made by the authorized account holder of the Mobile Device used for entry. In
case of a dispute as to the identity of any Internet entrant, an entry made by
Internet will be deemed made by the authorized account holder of the 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 Sweepstakes is not capable of running as planned, including
due to infection by computer virus, bugs, tampering, unauthorized intervention,
automated entries, fraud, technical failure, human error, or any other cause beyond
the control of Sponsor that corrupts or affects the administration, security, fairness,
integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its
sole discretion, to disqualify any individual who tampers with the entry process and
to cancel, terminate, modify, or suspend the Sweepstakes. Sponsor assumes no
responsibility for any error, omission, interruption, telephone or other
communications malfunctions, deletion, defect, delay in operation or transmission,
communications line failure, or theft or destruction of, unauthorized access to, or
alteration of entries. Sponsor is not responsible for any problems or technical
malfunctions of any telephone networks or lines, computer online systems,
servers, or providers, computer equipment, software, failure of any e-mail or entry
to be received by Sponsor on account of technical problems or traffic congestion
on the Internet or at any website, any combination thereof, or otherwise, including
any injury or damage to entrant’s or any other person’s computer related to, or
resulting from, participation or downloading of any materials in the Sweepstakes.
Sponsor and its agents are not responsible for printing, distribution, or production
errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke
this Sweepstakes based upon any such error without liability. If by reason of a
printing, computer, or other error more prizes are awarded in a prize category than
the number set forth in these Official Rules, all persons purportedly making valid
claims will be included in a random drawing to award the advertised number of
prizes available. In no case will more than the advertised number of prizes be
awarded. Antifraud detection devices may be used for verification purposes. In the
event there is a discrepancy or inconsistency between disclosures or other
statements contained in any Sweepstakes materials and the terms and conditions
of the Official Rules, the Official Rules shall prevail, govern and control.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a
waiver of that provision. Headings are solely for convenience and will not be
deemed to affect in any manner the meaning or intent of the documents or any
provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or
undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil laws, and should such an attempt be made, Sponsor
reserves the right to seek damages from any such person to the fullest extent
permitted by law.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE
FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES
AND/OR THIS SWEEPSTAKES, OR ENTRANT’S DOWNLOADING FROM
AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES
ASSOCIATED WITH THE SWEEPSTAKES.
9. DISPUTES AND GOVERNING LAW:
The parties waive all rights to trial in any action or proceeding instituted in
connection with these Official Rules, including, without limitation, the
Sweepstakes. Any controversy or claim arising out of, or relating to, these Official
Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis and shall not
be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in New York City, New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL
BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS
OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF
LAWS AND RULES. For any matters that are not subject to arbitration as set forth
in these Official Rules and/or in connection with the entering of any judgment on
an arbitration award in connection with these Official Rules and/or the
Sweepstakes, the parties irrevocably submit and consent to the exclusive
jurisdiction and venue of the state and federal courts located in or closest to New
York City, New York. The parties agree not to raise the defense of forum non
conveniens.
10. USE OF DATA:
Sponsor will be collecting personal data about entrants online, in accordance with
its Privacy & Cookie Policy. Please review Sponsor’s Privacy & Cookie Policy at
http://heinekenusa.com/privacy-cookie-policy/. By participating in the
Sweepstakes, entrant hereby agrees to Sponsor’s collection and usage of his/her
personal information and acknowledges that he/she has read and accepted
Sponsor’s Privacy & Cookie Policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, stamped envelope, with
sufficient postage, to Winners List, Heineken NYCFC Flyaway Sweepstakes, P.O.
Box 248, Woodbridge, NJ 07095. All requests for a list of winners must be
postmarked by 01/01/21 and received by 01/06/21.
12. SPONSOR: New York City Football Club LLC New York, NY 10016