Heineken USA – Dos Equis Cinco De Mayo Photo Contest – ...

Heineken USA – Dos Equis Cinco De Mayo Photo Contest – Win Five (5) Grand Prizes will be available to be awarded

DOS EQUIS
CINCO DE MAYO PHOTO CONTEST

Full
Official Rules

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

THE DOS EQUIS CINCO DE MAYO 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. 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 Inc. dba Cervezas Mexicanas (“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 4/1/2022 and ends at 11:59 p.m. ET on 5/5/2022.

3. HOW TO
ENTER:

Your entry must include an original photograph (“Photo”)
created by you (and not previously submitted) that shows ‘how you are Celebrating
Cinco De Mayo with Dos Equis’ along with any image of
Dos Equis’ (each a “Submission”).

Note: there is no purchase necessary – making a Dos Equis product purchase is not required,
and making a purchase of Dos Equis will not
increase your chances of winning. Your
entry may include any Dos Equis logo, packaging,
advertising, display, merchandise, photographic image or product image (e.g. can(s), bottle(s), draft, logo, product, package, store
display, merchandise, point-of-sale signage or advertising materials, etc).

Entries will be judged on creativity (25%),
originality and/or humor (25%), photo that best represents a photo inspired by a
Cinco De Mayo celebration with Dos Equis and
represents a positive image of the Dos Equis® brand
(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 (not previously submitted by any entrant) and 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 photo submission must be original and unique, and NOT
previously submitted by any entrant. Duplicate or near duplicate photos will be
disqualified.

All
entries and photographs submitted must comply with the Photograph Requirements
below.

Internet
Entry:
To enter, scan the QR code on applicable point-of-sale signage materials or directly
visit www.DosEquis.com/CincoDeMayo,
and follow the online entry instructions to complete the registration form with
all required information and upload your photo along with any optional comments
about how you are celebrating Cinco De Mayo with Dos Equis.
Normal time rates, if any, charged by Internet service provider will apply.

All
entries must be received by 11:59 p.m. ET on 5/5/2022. Refer to the photo guidelines set forth above
and below. Limit one (1) entry per person per day regardless of method of
entry. You may only submit an entry on
your own behalf. Any entry submitted on
behalf of another individual or using another individual’s information,
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.

Each photo submission must be unique, and created by the entrant. Duplicate or near
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, AriZona SunRise, 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 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 winning photographs as a condition of being selected a winner.

Each entry must comply with the following requirements:

·
Photographs cannot have been submitted
previously in this Contest or a promotion of any kind.

·
Photographs must 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.

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.

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 Dos Equis
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 Dos Equis 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 email 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 Sweepstakes prize details are at Sponsor’s sole
discretion. Prize 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. Prize is not transferable
or redeemable for cash. No substitution of prize by winner is allowed, but
Sponsor reserves the right to substitute a prize of equal or greater value at
its sole discretion.

·
NOTE: There is a
maximum of one (1) prize award per person or household during the entire Contest
Period.

·
If
eligible entries are less than the scheduled number of prizes available for any
drawing date, prize level or total number of prizes available for the entire Contest,
then the associated prize awards shall not be awarded.

·
Sponsor
reserves the right in its sole discretion to substitute any merchandise item
with an alternate merchandise item of approximate equal or greater value, based
upon availability.

First Prize (25): Twenty-five (25) first
prizes will be randomly awarded during the Sweepstakes Period. Each first prize
consists of: one (1) Papel Picado 20-foot banner, one set of two (2) 16oz
Freezer Cup Pint sets, one (1) Taco holder and one (1) Dos Equis
Coleman 9-can soft-sided Cooler. Exact
make and model of all merchandise items at the sole discretion of Sponsor, and
subject to change based upon availability.
Sponsor reserves the right to substitute alternate merchandise item(s)
of approximate equal or greater value, based upon availability, in its sole
discretion. Approximate retail value
(ARV) of each first prize: $50. Total
ARV of all available first prize awards:
$1,250.

Grand Prize (5): Five (5) Grand Prizes
will be available to be awarded. Each
grand prize consists of: $500, awarded in the form of a
gift card from the Sponsor designated gift card provider. Gift card subject to the terms and conditions
of issuing gift card provider policy.
Allow approximately 8 – 12 weeks for processing and delivery.

Approximate retail
value (ARV) of each grand prize award: $500.
Total ARV of all available grand prize awards: $2,500.

Any
prize winners receiving merchandise 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. 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; and 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.

All federal, state, and
local taxes, fees, and surcharges on any prize are the sole responsibility of
winner of the prize.

6. ODDS OF WINNING:

Odds of winning are based upon the number of eligible
entries received as of the date and time of each winner selection, and
decisions of judges.

7. WINNER SELECTION, NOTIFICATION, AND
VERIFICATION:

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 prize winners shall be selected and determined from among all
eligible entries received as of each winner selection date to occur on or about
4/8/2022, 4/15/2022, 4/22/2022, 4/29/2022 and 5/6/2022, to select and determine
one potential grand prize winner per selection date (5 total grand prize winners
among all winner selection dates), and five (5) potential first prize
winners per selection date (25 total first prize winners among all winner
selection dates). Winner selection shall be determined and conducted by
Sponsor appointed judge(s) and/or its appointed agent, and all decisions are
final.

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

Potential winners will be contacted by telephone and/or
email. 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 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.

Each potential prize winner 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.

8. LICENSE AND RELEASE:

Participation in the Contest and acceptance of prize
constitute winner’s permission for Sponsor or its agents to photograph, film,
and record each winner and to use his/her name, address (city and state),
likeness, photograph, voice, biographical information, and/or any statements made
by each winner 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, and winners, acknowledge and agree that this Contest is in no
way sponsored, endorsed, or administered by, or associated with, and agree to
release and hold harmless 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, Pandemics, 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 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 email 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 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 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 https://heinekenusa.com/privacy-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.

12. LIST OF PRIZE WINNERS:

To obtain a list of prize winners, send a
self-addressed, stamped envelope, with sufficient postage, to Prize Winners’
List, Dos Equis Cinco De Mayo Photo Contest, P.O. Box
248, Woodbridge, NJ 07095. Winners’ list
will be available after 5/5/2022. All
requests for a list of prize winners must be postmarked by 6/15/2022 and
received by 6/30/2022.

13. SPONSOR: HEINEKEN USA Inc. dba
Cervezas Mexicanas, White Plains, NY.

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

Enjoy XX
Responsibly

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