Introduction

In order to ensure that we all enjoy the facilities of the Heineken website, we herewith set out our general guidelines. In these Terms and Conditions of use, and Privacy and Cookie Policy, you will find details on our policies and regulations. We suggest you read them carefully. The following is a general approach only.

UEFA Champions League Game

TERMS OF USE

Introduction

  1. UEFA Champions League Game is offered by Heineken as part of the UEFA Champions League campaign.
  2. These Terms of Use apply to the legal relationship between you and Heineken as a participant in the Experience.
  3. Although Heineken has taken every effort to promote compliance with applicable legislation, Heineken can make no representation that the Experience is appropriate for use in jurisdictions other than in the Netherlands. If you choose to enter the application or play the Experience or use the information, it is your sole responsibility to verify that your participation is in compliance with local rules and regulations.
  4. At any time Heineken has the right to, at its sole discretion and without prior notification, change or discontinue any aspect or feature of (the set-up of) the Experience and to change or modify the Terms of Use, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon the posting of the modified Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not (continue to) play the Experience. You are advised to regularly read the Terms of Use for possible changes.
  5. THE EXPERIENCE IS NOT A SWEEPSTAKE, LOTTERY OR GAME OF CHANCE OF ANY KIND.
  6. Neither Twitter nor Facebook is a sponsor or administrator, or in any way associated with the Experience. Your relationship with Twitter and Facebook is governed by the terms and conditions which can be found on the respective websites of Twitter and Facebook. You cannot invoke the terms and conditions of Twitter or Facebook in your legal relationship with Heineken.

Participation

  1. You are eligible to play the Experience if you are 16 years of age or older and above the legal drinking age in your country. Residents of the following jurisdictions are excluded from participation: Afghanistan, Brunei, Bangladesh, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, United Arab Emirates, Yemen or any other market where the advertising, sale or consumption of alcoholic beverages is prohibited.
  2. No purchase or payment is necessary to participate in the Experience.
  3. No prizes can be won by participating in the Experience.
  4. At all times Heineken has the right to, at its sole discretion and without prior notification, exclude you from participation. Circumstances in which Heineken can exclude you from participation include, but are not limited to, non-compliance with these Terms of Use or attempts to compromise the Experience in any way.

Availability

You can play the Experience via www.heineken.com, the Facebook page dedicated to the Heineken® brand and via certain weblogs from 2 April 2013 until 30 May 2013 (or such dates as determined by Heineken).

Release

You hereby agree to indemnify and hold Heineken, Twitter and Facebook and each of their subsidiaries, affiliates, related companies, advertising and promotion agencies and their respective directors, employees, agents and representatives (the “released parties”) harmless from and against any losses, damages rights, claims or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Experience, including claims based on publicity rights, defamation and privacy rights.

Disclaimer

HEINEKEN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE EXPERIENCE. THE EXPERIENCE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.

Intellectual property

  1. All intellectual property rights to the Experience are owned by Heineken.
  2. Users are permitted to play the Experience and share their results. All other uses of the Experience, for example the storage or reproduction of (a part of) the Experience in any external site, are prohibited without the express written consent of Heineken.

Material of others

Hyperlinks on the Experience may direct visitors to external websites which are maintained by others. Heineken shall not be liable for the contents and the functionality of such external websites. Heineken shall also not be liable for the quality of products or services which may be offered on such external websites.

Privacy and data protection

The personal data provided by you in the context of this Experience will be processed by Heineken in accordance with our privacy and cookie policy. Your Facebook ID combined with your personal game score will be stored by Heineken in order to create a leaderboard. Heineken will not use this data other than for this purpose. All personal data will be deleted after the Experience has been taken offline.

Access, correction and removal

You can request Heineken to provide access to the personal data it has collected about you at any time. You can also request Heineken to correct or to delete such personal data. You can send your questions regarding these terms or your requests for access, correction or removal of your personal data to webcentre@heineken.com, mentioning your name and postal address.

Terms and Conditions

This Website should not be used by those under legal purchasing age for alcohol.

Applicability

These terms and conditions of use ("Terms of Use") apply to all visits to and all use of this website of Heineken Brouwerijen B.V. ("Heineken"), as well as to all information, recommendations and/or services provided to you on or through this website (the "Information").

By using this website you agree to the applicability of these Terms of Use. We note that these Terms of Use may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms of Use. Users of the website are advised to regularly read the Terms of Use for possible changes.

Information and Liability

The Information is for general information purposes only and does not constitute advice. Heineken shall not be liable for any damages resulting from the use (or inability to make use) of this website, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any wilful misconduct or gross negligence on part of Heineken. Heineken shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this website or the Information.

Heineken shall further not be liable for damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Heineken disclaims all warranties including, but not limited to, warranties of conditions, quality, merchantability, fitness for a particular purpose and non-infringement.

The Information originating from third parties constitutes an expression of the personal opinions of those third parties. Heineken is not responsible and shall not be liable for such Information.

Hyperlinks on this website may direct visitors to external websites which are maintained by third parties. Heineken shall not be liable for the contents and the functioning of such external websites. Heineken shall also not be liable for the quality of products or services which may be offered on such external websites.

Intellectual property

Unless indicated otherwise, all intellectual property rights to this website and the Information are owned by Heineken. These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of Heineken, such as, but not limited to the rights to "HEINEKEN".

Users are permitted to read this website and the Information and make copies for their own personal use, for example by printing or storing. All other use of the website or of the Information, for example the storage or reproduction of (a part of) the website of Heineken in any external internet site is not permitted.

Unsolicited ideas

In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") on this website or send such Materials to Heineken by email or otherwise, Heineken shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge. Heineken shall not be bound by any confidentiality obligation in respect of such Materials.

You hereby indemnify and hold Heineken harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Heineken as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

Severability

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.

Applicable law and jurisdiction

These Terms of Use shall be exclusively governed by Law of the Netherlands. All disputes arising in connection with these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Amsterdam.

Those accessing the Website from other jurisdictions are responsible for compliance with local laws if, and to the extend that, local laws are applicable.

General

Heineken Brouwerijen B.V. ("Heineken") is the controller of the processing of all personal data collected through this website (the "Website"). Heineken respects your privacy and complies with the provisions of the Dutch Act on the Processing of Personal Data ("APPD").

This Privacy and Cookie Policy (the "Policy") provides information regarding the processing of personal data collected through the Website, as well as the rights to access and correction of such personal data.

This Policy may be changed over time. Such changes shall be effective immediately upon the posting of the modified Policy. Users of the website are advised to regularly read the Policy for possible changes.

Personal data

Heineken processes personal data that it collects through the Website. The following categories of personal data are collected:

  • name
  • date of birth
  • contact details
  • other information that you enter on forms on the website (email, mobile phone number, etc.)
  • any personal data included in content you upload on the website

Purposes

Heineken uses your personal data for the following purposes:

  • to offer you our services as displayed on the Website
  • to offer you online games as displayed on the Website
  • to improve our services
  • to answer your questions
  • to send you information regarding any current or future activities of Heineken. If legally required, Heineken will obtain your permission, before sending you such information

Recipients

Heineken may transfer your personal data to its group companies. Heineken may also provide your personal data to third parties, which will process your personal data according to instructions of Heineken and under the responsibility of Heineken. In case Heineken sells all or some of the assets or shares of the company to a third party, your personal data may be provided to this third party. Heineken will not provide your personal data to any other third parties, unless there is a legal obligation to do so.

By using the services available on this Website, you explicitly grant permission for Heineken to transfer your personal data to third countries, even if such countries do not ensure an adequate level of data protection.

Cookies

This Website makes use of so-called "cookies". Cookies are small text files that the Website stores locally on your computer. The Website uses cookies to recognise you if you visit the Website. By doing so, Heineken is able to improve user-friendliness of the Website and to adjust the Website to your needs. The cookies of the Website that are stored on your computer remain valid for an unlimited period of time after your first visit to the Website.

By changing settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website. However, if your browser does not accept cookies from this Website, you may not be able to access or use all features of this Website.

Security and retention period

The transfer, storage and processing of personal data collected through this Website is secured by means of current, usual technical measures.

In general, Heineken will not retain the personal data that is obtained through this Website for a period longer than two years.

Access, correction and removal

You can request Heineken to provide access to the personal data it has collected about you at any time. You can also request Heineken to correct or to delete such personal data. You can send requests for access, correction or removal of your personal data to webcentre@heineken.com mentioning your name and postal address.

These terms and conditions have been changed most recently on 1 February 2009.

THE DREAM ISLAND TERMS AND CONDITIONS

Introduction

  1. The Dream Island (the “Campaign”) is provided by Heineken UK (“HEINEKEN”) as part of a multi-market promotional campaign of the HEINEKEN group.
  2. These Terms and Conditions apply to the legal relationship between HEINEKEN and you as a participant in the Campaign.
  3. These Terms and Conditions will be governed by the laws of England & Wales.
  4. HEINEKEN has the right to, at its sole discretion and without prior notification, change or discontinue any aspect of the Campaign. Such changes shall be effective immediately upon posting of the modified Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not (continue to) participate in the Campaign. You are advised to regularly read the Terms and Conditions for possible changes.

The Dream Island

  1. The purpose of the Campaign is to send selected consumers from several markets to a beautiful destination to enjoy a unique vacation (the “Dream Island Holiday”). The Dream Island Holiday will take place from 5th until 13th of Feb.
  2. It is the intention of HEINEKEN to select one participant from United Kingdom that will go (together with a friend) on the Dream Island Holiday (the “Finalist”) pursuant to an online casting process that will take place on www.heineken.com (the “Heineken Channel”) from Monday 5th January until Wednesday 16th January (the “Casting”).
  3. If a Finalist will be chosen pursuant to the Casting, the Finalist will go on the Dream Island Holiday which will be paid for by HEINEKEN (travel, hotel, food & beverages). The value of the Dream Island Holiday is estimated to be £8500.00.

The Casting

  1. You can participate in the Casting by uploading a video to the Heineken Channel in which you show or explain why you should be the ultimate winner of the Dream Island Holiday (the “Video”).
  2. Please note that your Video shall not be eligible for the Campaign if it is placed on another platform than the Heineken Channel.
  3. You are only eligible to be selected as a Finalist if you are above 25 and a resident of United Kingdom.
  4. For any Video submitted to the Heineken Channel, you warrant that it:
    1. does not infringe the rights of others, including but without limitation, any third party copy rights, trademarks, or other intellectual property rights, or privacy, publicity or contractual rights. If the Video contains images of another person, you represent to HEINEKEN that (i) you have obtained the consent of such person to use his/her image and (ii) such person is above 25;
    2. does not violate these Terms and Conditions or any applicable laws or any other regulation, guideline or community standard;
    3. contains no unsolicited or unauthorised promotions, political campaigning, advertising, or any other form of solicitation;
    4. contains no material that is offensive, defamatory, threatening, abusive, vulgar, sexist, discriminating or otherwise inappropriate;
    5. is not intended to promote or incite violent, dangerous or antisocial behaviour.

The process of the Casting

  1. The Videos that are posted on or through the Heineken Channel shall be used by HEINEKEN to select a Finalist.
  2. There are no restrictions to the amount of Videos that a participant can submit.
  3. It is up to HEINEKEN at its sole discretion to decide who shall be selected as Finalist. Part of the Casting process may be that HEINEKEN (or a third party engaged by HEINEKEN) will request to have an interview with you by conference call or video call to determine if you are indeed the Finalist HEINEKEN is looking for.
  4. The Finalist will be selected by HEINEKEN prior to Monday 19th January. If a Finalist will be chosen pursuant to the Casting, the Finalist will go on the Dream Island Holiday which will be paid for by HEINEKEN (travel, hotel, food & beverages).
  5. HEINEKEN MAKES A RESERVATION THAT IF NO SUITABLE FINALIST CAN BE SELECTED THROUGH THE CASTING PROCESS (WHICH IS UP TO THE SOLE DISCRECTION OF HEINEKEN), HEINEKEN MAY CHOOSE TO SELECT SOMEONE PURSUANT TO AN OFFLINE SELECTION PROCESS.
  6. HEINEKEN shall not engage in discussions about the selection process.

Criteria that the Finalist must comply with

  1. From the period as of submitting the Video until returning from the Dream Island Holiday, the Finalist (and the friend chosen by the Finalist to join Finalist to the Dream Island Holiday) must:
    1. comply with these Terms and Conditions;
    2. speak, read and write English;
    3. hold a current and valid passport in United Kingdom (and provide HEINEKEN with a copy thereof upon request) and be able to obtain a travel visa to the place where the Dream Island Holiday will take place (as to be determined and disclosed by HEINEKEN);
    4. be in good general health and good physical and mental condition to travel and participate in the Campaign and have a sufficient health insurance to be able to go on the Dream Island Holiday;
    5. not have a criminal record or pending criminal charges;
    6. sign and comply with all legal documentation which may be reasonably requested by HEINEKEN or a third party engaged by HEINEKEN in relation to the Campaign including, but not limited to: participation agreements, intellectual property assignments and abandonments, legal releases and indemnity forms. Participants must return all signed legal documentation within 5 working days of receipt;
    7. comply with any applicable laws or any other regulation, guideline or community standard in their country of residence and the country where the Dream Island Holiday takes place.

Intellectual property and publicity

  1. All intellectual property rights to the Campaign are and will be owned by HEINEKEN.
  2. The Finalist (and the friend chosen by the Finalist to join Finalist to the Dream Island Holiday) agrees to being interviewed, photographed and filmed during and in relation to the Campaign, and agrees to provide all active cooperation with any promotional activities and publicity in relation thereto. All resultant material, including Finalist’s and his/her friend’s name, image (in photo and video) and comments, may be used by the HEINEKEN group at its sole discretion to the fullest extent and for any purpose, including for future promotional and marketing purposes in any manner whatsoever, including print, broadcast and internet, without further reference and free of charge.
  3. Participants shall not at any time make any comment or act in any way which is likely to be detrimental to the HEINEKEN group, to the Heineken® trademark or the Campaign whether or not the Participant is excluded or disqualified from the Campaign.

Release

  1. You hereby agree to indemnify and hold HEINEKEN and each of its subsidiaries, affiliates, related companies, advertising and promotion agencies and each of its and their respective directors, employees, agents and representatives (the “released parties”) harmless from and against any losses, damages, rights, claims, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Campaign.
  2. Each Participant acknowledges and agrees without reservation and free of charge that no activity or commitment will result in the Participant being deemed to be an employee of HEINEKEN and that HEINEKEN has no responsibility whatsoever in providing any employee type benefits to any Participant.

Disclaimer

  1. HEINEKEN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CAMPAIGN. THE CAMPAIGN AND THE DREAM ISLAND HOLIDAY ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.

Privacy and data protection

  1. The personal data provided by you in the context of this Campaign will be processed by Heineken in accordance with our privacy and cookie policy available on http://www.heineken.com/gb/disclaimer.aspx#privacy-and-cookie-policy.
  2. The personal data derived by HEINEKEN from your participation in this Campaign will be stored by HEINEKEN only in order to fulfill and execute the Campaign. After completion of the Campaign your personal data (including your Video) will be deleted. Only the personal data of the Finalists will be stored longer to comply with legal requirements.