DOS EQUIS TOUGH MUDDER 2014 PROMOTION
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- Osborn Harmon
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1 DOS EQUIS TOUGH MUDDER 2014 PROMOTION 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 DOS EQUIS TOUGH MUDDER 2014 PROMOTION ("PROMOTION") IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. THIS PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. This Promotion consists of two parts: (1) multiple local random chance sweepstakes promotions with beginning and ending dates as set forth in Section 1.a below with prizes described in Section 4.a (each a "Local Promotion"), and (2) a single random chance sweepstakes with three (3) grand prizes as set forth in Section 4.b (the "Grand Prize Sweepstakes"). Collectively the Local Promotions and the Grand Prize Sweepstakes may be referred to herein as the "Promotion." Both the Local Promotions and the Grand Prize Sweepstakes are open to all legal residents of the 50 United States and the District of Columbia. However, travel will not be included as part of any Local Promotion prize. 1. ENTRY PERIOD: The Local Promotions will all begin at 12:01 a.m. Eastern Time ("ET") on 2/17/14. The ending dates will vary for each separate Local Sweepstakes Promotions set forth below. a. Local Promotions For details on exact Tough Mudder Event locations, refer to the document entitled "Tough Mudder Event Locations" located at The event details will be updated on an on-going basis as information becomes available. At the time of drafting these terms, the exact location of some of the local events has not yet been determined. All entries for a particular Local Promotion must be received by 11:59 p.m. ET on the end date specified for that Local Promotion.
2 Local Sweepstakes Promotions (General Event Location) Event Date Sweepstakes Entry Period Winner Selection Los Angeles, CA 3/30/14 2/17-3/14 3/15/14 Arizona 4/6/14 2/17-3/21 3/22/14 South Florida 4/13/14 2/17-3/28 3/29/14 Northern Carolina 4/13/14 2/17-3/28 3/29/14 Poconos, NY 4/20/14 2/17-4/4 4/5/14 Las Vegas, NV 4/27/14 2/17-4/11 4/12/14 Atlanta, GA 4/27/14 2/17-4/11 4/12/14 Central Texas 5/4/14 2/17-4/18 4/19/14 Kansas 5/4/14 2/17-4/18 4/19/14 Chicago, IL 5/11/14 2/17-4/25 4/26/14 Ohio 5/18/14 2/17-5/2 5/3/14 New England 6/1/14 2/17-5/16 5/17/14 Nashville, TN 6/8/14 2/17-5/23 5/24/14 Virginia 6/15/14 2/17-5/30 5/31/14 Upstate New York 7/13/14 2/17-6/27 6/28/14 Minneapolis/St. Paul, MN 7/20/14 2/17-7/4 7/5/14 Portland 8/10/14 2/17-7/25 7/26/14 Pittsburgh/Ohio Valley 8/17/14 2/17-8/1 8/2/14 Tahoe, CA 8/17/14 2/17-8/1 8/2/14 Wisconsin 9/7/14 2/17-8/22 8/23/14 Colorado Rockies 9/7/14 2/17-8/22 8/23/14 Boston, MA 9/14/14 2/17-8/29 8/30/14 Michigan 9/21/14 2/17-9/5 9/6/14 Seattle 9/28/14 2/17-9/12 9/13/14 Capitol Region 9/28/14 2/17-9/12 9/13/14 Dallas, TX 10/5/14 2/17-9/19 9/20/14 Missouri 10/12/14 2/17-9/26 9/27/14 Tri-State - New Jersey 10/12/14 2/17-9/26 9/27/14 San Diego, CA 10/26/14 2/17-10/10 10/11/14 North Carolina 10/26/14 2/17-10/10 10/11/14 Houston, TX 11/2/14 2/17-10/17 10/18/14 Central Florida 11/9/14 2/17-10/24 10/25/14 b. Grand Prize Sweepstakes The Grand Prize Sweepstakes begins at 12:01 a.m. ET on 2/17/14 and ends at 11:59 p.m. ET on 10/25/14 ("Grand Prize Sweepstakes Period").
3 2. HOW TO ENTER: There are two (2) ways to enter: SMS Entry: Submit a SMS Entry from your mobile device by texting "DOSEQUIS" to 67664, 64636, or Upon receiving a verification message, follow the prompts to confirm your age and zip code for your area of residence (e.g. AGE ). Standard carriers messaging and data rates apply. Internet Entry: To submit an internet entry for free without sending a text message, visit ("Website") and follow the onscreen entry instructions to enter. You must fully complete the registration, including your first and last name, date of birth, street address (No P. 0. boxes), city, state and zip code, and daytime telephone number, including area code. Normal time rates, if any, charged by Internet service provider will apply. By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion. All entries for the Local Promotions must be submitted by 11:59 p.m. ET on the date indicated in Section 1.a above for the particular local promotion you are interested in entering. Once you have submitted an entry into a Local Promotion, you will also be automatically entered into the Grand Prize Sweepstakes for a chance to win a trip to New Zealand to compete in a New Zealand Tough Mudder event in Limit one (1) entry per person per day, per method of entry. If you attempt to submit an entry for a Local Promotion for which the entry period as closed, you will still be entered into the Grand Prize Sweepstakes as long as your entry is received before 11:59 p.m. ET on 10/25/14. Please note that there is limit of one (1) prize per individual, household, street address and/or address during any six (6) month period across all Heineken USA promotions, regardless of brand, except in the case of this Promotion, a Local Promotion winner is still eligible for a chance to win a grand prize in the Grand Prize Sweepstakes. Heineken USA Inc. dba Cervezas Mexicanas ("Sponsor") reserves the right to alter, suspend or terminate the Promotion without notice if, in Sponsor's sole discretion, the integrity of Promotion becomes compromised in any way. In the event the Promotion is terminated prematurely, all eligible entries received prior to the Promotion being compromised will be included in the prize drawings for upcoming Local Promotions as well as the Grand
4 Prize Sweepstakes. 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 (no P.O. Boxes) located within the 50 United States or the District of Columbia Sponsor is not responsible for lost, 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. 3. ELIGIBILITY Open to legal residents of the 50 United States (& DC) who are 21 years of age or older as of date of entry. The following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate households (whether related or not) are not eligible for participation: employees, officers and directors of Sponsor and its parent, subsidiary and affiliated companies, alcoholic beverage suppliers, wholesalers, distributors and importers, alcoholic beverage retailers and Sponsor's advertising and promotion agencies. All federal, state and local regulations apply. Promotion is void wherever restricted or prohibited by law. No part of any prize includes any alcoholic beverages. Prizes are awarded "as is" with no warranty or guarantee, either expressed or implied by Sponsor. 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. All taxes, fees and surcharges on prizes are the sole responsibility of winner. 4. PRIZES: a. Local Sweepstakes Prizes The following prizes will be awarded in each Local Promotion: First Prizes: Five (5) first prize winners will each receive tickets for two to compete in a local Tough Mudder Event (on Sunday only). ARV each first prize: $ A total of one-hundred sixty (160) first prizes will be awarded across
5 all events. ARV all first prizes: $40, Second Prizes: Five (5) second prize winners will each received two (2) spectator tickets for a local Tough Mudder Event (Sunday only). ARV each second prize: $ A total of one-hundred sixty (160) second prizes will be awarded across all local events. ARV all second prizes: $24, Please note that for the Local Sweepstakes Promotions, travel to and from the prize event will not be included as part of the prize. Please consider travel and travel costs when deciding whether to enter a particular Local Sweepstakes Promotion. b. Grand Prize Sweepstakes Prizes Three (3) grand prizes will be awarded. Each grand prize consists of a trip for two to New Zealand to compete in 2015 Tough Mudder Event (exact date and location TBD). The prize includes coach airfare for two from the gateway airport nearest winner's residence to New Zealand (exact destination dependent upon site of the Tough Mudder event), four nights' hotel accommodations for two (one room, double occupancy), breakfast at hotel, guided city tour, transfers and entry into one day of the Tough Mudder event, and round-trip airport-hotel transfers. ARV each grand prize: $8, ARV all grand prizes: $24, For Grand Prizes, 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 completed by a date in 2015 to be determined by Sponsor or prize will be forfeited. Once travel is booked, any penalties incurred as a result of changes to flights, are sole responsibility of winner. Travel is subject to the terms and conditions set forth in these rules, and those set forth by the Sponsors airline carrier of choice as detailed in the passenger ticket contract. All expenses and travel costs incurred as a result of seeking or winning a prize are the sole responsibility of winner. Any expense or cost not expressly stated in the description of the prize
6 above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the sole responsibility of winner. Travel companion must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel must be round trip. Winners and travel companions are solely responsible for obtaining any required travel documents, including a valid passport, and travel insurance. Winner and travel companion must execute liability/publicity releases 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. ARV all prizes: $88, 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 over $ 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: Odds of winning a prize in a Local Promotion are dependent on the number of eligible entries received for that promotion. Odds of winning a grand prize are dependent on the number of eligible entries received across all Local Promotions as well as entries for the grand prize only.
7 6. WINNER SELECTION, NOTIFICATION AND VERIFICATION: a. Local Promotions Potential winners in each Local Promotion will be selected in a random drawing of all eligible entries received, to be held within two (2) days of the closing dates indicated in Section 1.a for each Local Sweepstakes. b. Grand Prize Sweepstakes The drawing for the Grand Prize Sweepstakes grand prize winners will be held on or about 10/27/14. The drawing will be conducted by Sponsor or its appointed agent, and all decisions are final. Potential winners will be contacted by and telephone. If any potential winner cannot be reached within one (1) day 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 non-compliance with these Official rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given. Limit one (1) Local Promotion and/or Grand Prize Promotion prize per person or household. All entrants are eligible for a chance to win a grand prize in the grand prize sweepstakes. All Local Sweepstakes first prize winners and their guests, as well as Grand Prize Sweepstakes winners and their guests, will be required to sign and return, where legal, an Affidavit of Eligibility and Liability and Publicity Release All Local Sweepstakes second prize winners will be required to sign and return, where legal, a Declaration of eligibility and Liability and Publicity Release within one (1) day of notification that they are a potential winner. No potential winner will be an official winner until his/her eligibility, liability and publicity release has been returned and eligibility has been formally verified by Sponsor. If any winner fails to comply with the Official Rules and/or to submit the required documentation within the designated time period, he/she will automatically be disqualified and the prize may be awarded to an alternate winner.
8 7. CONDITIONS: Participation in Promotion and acceptance of a prize constitutes winners' and guests' 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 him/her regarding the Promotion or Sponsor for purposes of trade, publicity or promotion without notice or additional compensation, except where prohibited by law. By participating and/or accepting a prize, entrants, winners and guests acknowledge and agree to release and hold harmless Sponsor, its advertising and promotion 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 which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or omissions whatsoever by any transportation companies or any other persons providing any services to winner including any results thereof such as changes in services or location necessitated by same. Sponsor is not responsible if any part of a Promotion prize cannot be awarded due to acts of god, acts of war, natural disasters, weather or acts of terrorism. Sponsor shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning. 8. ADDITIONAL TERMS: In case of 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, entries made by Internet will be deemed made by the authorized account holder of the address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an address by an Internet access provider, service provider or other online organization that is responsible for assigning addresses for the
9 domain associated with the submitted address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the address associated with the winning entry. If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion. Sponsor assumes no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, 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 any materials in the Promotion. Released Parties are not responsible for printing, distribution or production errors and may rescind, cancel, suspend, modify or revoke this Promotion based upon any such error without liability in their sole discretion. If by a 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 will be awarded. Anti-fraud detection devices may be used for verification purposes. Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE
10 WEBSITES AND/OR THE PROMOTION, OR YOUR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE PROMOTION. 9. DISPUTES; GOVERNING LAW: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York City, New York. The parties agree not to raise the defense of forum non conveniens. 10. USE OF DATA: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor's privacy policy at By participating in the Promotion, entrants hereby agree to Sponsors collection and usage of their personal information and acknowledge that they have read and accepted Sponsors privacy policy. 11. LIST OF WINNERS: To obtain a list of winners, mail your request in an envelope with sufficient postage to Dos Equis Tough Mudder 2014 Sweepstakes, P. 0. Box 248, Woodbridge, NJ Requests for a list of winners must be postmarked by 11/10/14 and received by 11/17/14.
11 12. SPONSOR: Heineken USA Inc. dba Cervezas Mexicanas, New York, NY. Enjoy Dos Equis Responsibly Please visit 2014 Cervezas Mexicanas, New York, NY. DOS EQUIS Lager Especial and Amber Beer.
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