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.
Terms and Conditions
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.
Information of third parties
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.
Terms and Conditions for Heineken presents the Rugby World Cup Tour
1. The event is over 18's only. Management reserve the right to refuse admission.
2. Proof of ID may be required
3. No alcohol will be served to under 18's
4. Pictures will be taken on a first come, first serve basis. Attendees are not guaranteed to get their pictures taken.
5. Last picture will be taken at:
Sin Bin Limerick 8.15pm
Rearden's Cork 10.15pm
D4 Grand Ball Room 8.45pm
6. Data will be stored for 21 days and will be destroyed after that date
7. Images will be emailed to guests within 96 hours to the email address. Heineken Ireland will not be responsible for incorrect / unreadable addresses or undelivered emails
8. Pictures and email addresses will not be used for any other person other than in connection with this promotion
9. The events finish at
Sin Bin Limerick 8.30pm
Rearden's Cork 10.30pm
D4 Hotels 9.00pm
Terms and Conditions for Heineken UEFA Champions League
1.The promoter is Heineken Ireland Limited trading at Old Belgard Road, Tallaght, Dublin 24 Ireland (“Heineken”).
2.The “Heineken UEFA Champions League” competition is only open to entry from individuals who are aged 18 years and over (proof of age will be required) and reside in the Republic of Ireland. No syndicates or groups will be allowed to participate.
3.Entry into this competition will be deemed to be a full and unconditional acceptance by the applicant of the terms and conditions of this competition. A failure to adhere to these terms and conditions may result in disqualification from the competition and, if applicable, forfeiture of the prize(s).
4.To enter the competition entrants must text the unique code from Heineken - UEFA Champions League - promotional packs, their name and completed slogan outlining in no more than 12 words - max 160 characters, why they want to go to the UEFA Champions League Final 2011 to 51500.
5.Standard network operator text costs apply; please check with your operator. The SMS service provider is Puca, 01 4995939.
6.Entries open on the 5th of February 2011 and close at midnight on the 7th of May 2011.
7.One entry per unique code only.
8.The competition is only available on Heineken - UEFA Champions Leagues - 8 pack 50cl can, 12 pack 50cl can, 12 pack bottle and 20 pack bottle. Entry is only available while stocks last and for the duration of the competition.
9.All entries submitted between 12.01a.m. and midnight each day will be entered into a daily competition taking place the next day. Daily prize competitions will take place each day from 5th February 2011 to 7th May 2011.
10.All daily entries will be judged by a panel of 3 judges. In all respects, the judges’ decision is final and no correspondence will be entered into.
11.The winner of each daily competition will win one of the following prizes: Sony Plasma TV, Sony Surround Sound System, Sky Sports Package (which includes 1 x Sky+HD Box and a free standard installation provided by Sky; and 1 x a years subscription to Sky+HD and Sky’s top entertainment package (Sky World) provided by Sky), UCL football, UCL Glass, UCL Keyring, UCL Can and bottle coolers. Images of prizes on pack are representations only.
12.Winners of each daily prize will be contacted by telephone within 48 hours on the mobile number provided by them at time of entry. Winners will have 28 days to claim their prize.
13.Each winner of the daily competitions will be entered into a final competition for a chance to win one of two trips to the UEFA Champions League Final, which takes place on May 28th 2011.
14.The UEFA Champions League final competition will take place on May 9th 2011 and will be judged by a panel of 3 judges. The prize winners will be contacted by telephone within 48 hours on the mobile number provided by them at time of entry.
15.There are two UEFA Champions League final prizes to be won. Each final prize includes 2 return flights to London, 2 tickets to the UEFA Champions League final, hotel accommodation, airport transfers and match transfers.
16.The main winner and his/her nominated guest must be available to travel to and attend the UEFA Champions League Final in London on 28th May 2011. Full details of the trip will be communicated to the winners.
17.Heineken will insist that accompanying individuals are over 18 years of age and reside in the Republic of Ireland. ID will be required. The prize-winners and accompanying individuals must have valid passports. All visas and vaccinations are the responsibility of the prize-winners. Heineken does not accept responsibility in the event of prize-winners not being allowed entry into a country by authorities. The prize-winners will be responsible for arranging travel insurance cover. Flights are as stated by Heineken Ireland and the winner and their guest must present themselves at the airport at the correct time otherwise tickets will be forfeited.
18.Save as provided in clause 23, the prizes are as stated and no alternative cash or otherwise will be offered. The prizes are not transferable.
19.Incomplete, illegible or late entries will not be accepted.
20.Heineken accepts no responsibility for any entries not received or for undelivered or delayed messages which were unable to be sent due to network coverage, technical failure or any other reason beyond its control. No responsibility will be accepted by Heineken for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet, accessibility or availability or for traffic congestion or unauthorised human act.
21.The winners may be required for publicity purposes. Entrants agree by entering the Competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken may at its discretion choose a replacement winner without future reference or obligation to the original winner.
22.Employees and / or relatives of employees of Heineken, its associated companies and any agents connected to this competition are not eligible to enter the competition and/or win any prize.
23.Heineken reserves the right to vary, cancel or modify the competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken is also entitled to vary the prize(s) if, in its opinion, any would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.
24.In consideration for entry into this competition, entrants agree to assign to Heineken (or an associated company of Heineken nominated by Heineken) irrevocably and absolutely all right, title and interest in the copyright in the tiebreaker slogan in the Republic of Ireland (and/or any other intellectual property rights subsisting in the entry) and throughout the world, for the full duration of such copyright including any extensions and renewals, including the right to sue for past infringement of such rights. Entrants hereby waive all moral rights to the extent permissible in law, and agree that Heineken and its associated companies will be free to alter, modify, adapt, or amend the packaging design as it sees fit in its absolute discretion. Entrants agree to enter into such further documentation as is required by Heineken to give full effect to this term.
25.Heineken will only use entrant’s details for the purposes of notifying entrants or any promotional activities in connection with this competition and entrant’s personal information will not be used for any other purpose whatsoever without prior permission. Any personal information held by Heineken for the purposes of this competition will be held in accordance with Heineken’s privacy statement at www.heineken.com.
26.Heineken does not warrant that any use of or access to the website will be uninterrupted by error or virus free nor will it have any liability for damage caused by hostile software which may infect an entrant’s equipment or property as a result of that participant using or browsing the website www.heineken.ie/ucl
27.No warranty or guarantee is given by Heineken in relation to any of the prizes and to the fullest extent permitted by law, Heineken, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this competition and Heineken does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
28.The competition and these terms and conditions will be governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.
Terms and Conditions for Heineken Penalty Shootout
1. The promoter is Heineken Ireland Limited trading at Old Belgard Road, Tallaght, Dublin 24, Ireland.
2. The “Heineken Penalty Shoot Out” competition is only open to entry from individuals who are aged 18 years and over (proof of age will be required) and reside in the Republic of Ireland. No syndicates or groups will be allowed to participate.
3. Entry into this competition will be deemed to be a full and unconditional acceptance by the applicant of the terms and conditions of this competition. A failure to adhere to these terms and conditions may result in disqualification from the competition and, if applicable, forfeiture of the prize(s).
4. To enter the competition, entrants play the game and try achieve the highest number of possible points. There are eight levels, including two bonus levels. Each round may only be played once per person. The person with the highest score at the end of the competition is the winner. If there is more than one person with the same score, there will a draw amongst these people with the winner randomly selected.
5. The Heineken Penalty Shoot Out competition will start at 5pm on 2nd February and will close at 10am on the 30th May. Winners will be notified by email within 48hours.
6. The prize is one Sony 40” HD flat screen TV and one Sony Surround Sound System. . Exact prizes may change for varying circumstances and in this event an alternate prize of equal value will be offered.
7. With the exception of clause 13, the prizes are as stated and no alternative cash or otherwise will be offered. The prizes are not transferable.
8. The judge’s decision is final and no correspondence will be entered into.
9. Incomplete, illegible or late entries will not be accepted.
10. Heineken Ireland Limited accepts no responsibility for any entries not received or for undelivered or delayed messages which were unable to be sent due to network coverage, technical failure or any other reason beyond its control. No responsibility will be accepted by Heineken Ireland for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet, accessibility or availability or for traffic congestion or unauthorised human act.
11. The winners may be required for publicity purposes. Entrants agree by entering the Competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken Ireland Limited may at its discretion choose a replacement winner without future reference or obligation to the original winner.
12. Employees and / or immediate family members of employees of Heineken Ireland Limited, its associated companies and any agents connected to this competition are not eligible to enter the competition and/or win any prize.
13. Heineken Ireland Limited reserves the right to vary, cancel or modify the competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken Ireland Limited is also entitled to vary the prize(s) if, in its opinion, the prizes would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.
14. Heineken Ireland Limited will only use entrant’s details for the purposes of notifying entrants or any promotional activities in connection with this competition and entrant’s personal information will not be used for any other purpose whatsoever without prior permission. Any personal information held by Heineken Ireland Limited for the purposes of this competition will be held in accordance with Heineken Ireland Limited’s privacy statement at www.heineken.com.
15. Heineken Ireland Limited does not warrant that any use of or access to the website will be uninterrupted by error or virus free nor will it have any liability for damage caused by hostile software which may infect an entrant’s equipment or property as a result of that participant using or browsing the website www.heineken.com.
16. No warranty or guarantee is given by Heineken Ireland Limited in relation to any of the prizes and to the fullest extent permitted by law, Heineken Ireland Limited, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this competition and Heineken Ireland Limited does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
17. The competition and these terms and conditions will be governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.
MY HEINEKEN CHRISTMAS FACEBOOK COMPETITION
TERMS & CONDITIONS
The promoter is Heineken Ireland Limited trading at Old Belgard Road, Tallaght, Dublin 24, Ireland (“Heineken”).
1. The "My Heineken Christmas" competition is only open to entry by individuals who are aged 18 years and over (proof of age may be required) and reside in the Republic of Ireland. No syndicates or groups will be allowed to participate. Employees and/or relatives of employees of Heineken, its associated companies and any agents connected to this competition are not eligible to enter this competition and/or win any prize.
2. This competition will open at 12.00 on December 12th and close at 18:00 on 23rd of December.
3. Entry into this competition will be deemed to be a full and unconditional acceptance by the applicant of the terms and conditions of this competition. A failure to adhere to these terms and conditions may result in disqualification from this competition and, if applicable, forfeiture of the prize(s).
4. Entrants submit their favourite Christmas tradition in less than 140 characters including spaces.
5. Prize will consist of a Christmas themed dinner cooked by a top Irish chef for the winner and five of his/her friends. Dinner will be cooked in the winners home and the prize must be redeemed within 30 days of being notified of winning the prize. The prize has an overall value of €1,000.
6. The winning tradition will be decided by a panel of 3 Heineken representatives. Two out of the three representatives must agree on the winning submission.
7. The winners may be required for publicity purposes. Entrants agree by entering this competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken may at its discretion choose a replacement winner without further reference or obligation to the original winner.
8. Heineken reserves the right to vary, cancel, postpone or modify this competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken is also entitled to vary the prize(s) if, in its opinion, any would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.
9. Heineken will only use entrant’s details for the purposes of activities in connection with this competition. Entrant’s personal information will not be used for any other purpose whatsoever without prior permission. Any personal information held by Heineken for these purposes will be held in accordance with Heineken’s privacy statement, which is available at www.heineken.ie.
10. Heineken does not warrant that any use of or access to the Facebook site www.facebook.com/heineken will be uninterrupted by error or virus free nor will it have any liability for damage caused by hostile software which may infect an entrant’s equipment or property as a result of that participant using or browsing the website.
11. No warranty or guarantee is given by Heineken in relation to any of the prizes and to the fullest extent permitted by law, Heineken, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this competition and Heineken does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
12. This competition and these terms and conditions will be governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.
13. You agree not to use the Service:
for any unlawful purpose
to upload, post, order for print, email or otherwise communicate material (including but not limited to images) that is or which we consider in our sole discretion obscene, offensive, blasphemous, unlawful, pornographic, menacing, threatening racist, abusive, harmful, an invasion of privacy or publicity rights, libellous, defamatory, illegal or otherwise objectionable;(including but not limited to images) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent, trade secret or other intellectual property right or any moral right of any party; to harm minors in any way, including but not limited to, uploading, posting, ordering for print, emailing or otherwise communicating material that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
to upload, post, email or otherwise transmit any material which is likely to cause harm to Heineken or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data, or other files or programmes designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption of the Service;
for any commercial purposes without the express prior written consent of Heineken;
to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to solicit or attempt to discover a user’s password, screen name, uploaded image(s) or other registration information without the user’s express knowledge and prior consent;
to interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any procedures, requirements, regulations or policies of networks connected to this Service;
to provide any information that is false or misleading, that you do not have a right to disclose or that attempts to hide your identity;
to resell the Service or any portion of the Service.
14. In relation to your content submissions you hereby confirm that:
you have the necessary licenses, rights and permission's to use your content submission in the manner intended by Heineken and these Terms; and
You retain all of your ownership rights to your content submissions. You grant permission for the owners of My Heineken Christmas to use and publish your content submissions in any format and through any channel they see fit.
You acknowledge that Heineken does not generally pre-screen content but that Heineken will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any content that is uploaded to the site for use in Your Heineken.
15. Heineken reserves the right to block users or websites from accessing Your Heineken without prior notice and for any reason.
16. You acknowledge and agree that Heineken may preserve content and may also disclose content if required to do so by law or in the belief that such disclosure is reasonably necessary to:
(a) comply with legal requirements or process;
(b) enforce these Terms;
(c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or good name of Heineken or its users.
17. By uploading material to the site you represent and warrant to Heineken that you have all necessary permission to post or transmit the material and
18. You agree that the use of the Service is entirely at your own risk. The Service offered by Heineken is provided without any warranties of any kind. Heineken makes no guarantee of availability of the Service.
19. You understand and agree that you are personally responsible for your behaviour in connection with the Service. You agree to indemnify, defend and hold harmless Heineken, its subsidiaries, affiliated companies, joint ventures, business partners, servants, agents, licensors, employees, agents and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and legal fees, resulting from or arising out of
(a) Content posted by you or any other person who accesses the Service using your [account / membership or user name], to the Site or submitted through the Service,
(b) use or misuse of the Service by you or any other person who accesses the Service using your [account/ membership/ user name],
(c) any breach of these Terms or
(d) any breach of any rights of a third party
Privacy and cookie policy
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
Visitors of the Website under the age of 18 may only submit personal data by means of the Website to Heineken, if such visitors have obtained consent of their legal representatives, which have taken notice of this Policy.
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.
Your Heineken
Terms & Conditions
1. Your Heineken provides for the hosting and publishing of user submitted content.
2. In relation to your content submissions, you are responsible for all of the images you upload or copy using the Service. You must have the legal right to copy and display each image that you upload or print. Professional images provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, printed or copied using the Service.
3. You agree not to use the Service:
• for any unlawful purpose;
• to upload, post, order for print, email or otherwise communicate material (including but not limited to images) that is or which we consider in our sole discretion obscene, offensive, blasphemous, unlawful, pornographic, menacing, threatening, racist, abusive, harmful, an invasion of privacy or publicity rights, libellous, defamatory, illegal or otherwise objectionable;
• to upload, post, order for print, email or otherwise communicate material (including but not limited to images) that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent, trade secret or other intellectual property right or any moral right of any party;
• to harm minors in any way, including but not limited to, uploading, posting, ordering for print, emailing or otherwise communicating material that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to upload, post, email or otherwise transmit any material which is likely to cause harm to Heineken or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data, or other files or programmes designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption of the Service;
• for any commercial purposes without the express prior written consent of Heineken;
• to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
• to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to solicit or attempt to discover a user’s password, screen name, uploaded image(s) or other registration information without the user’s express knowledge and prior consent;
• to interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any procedures, requirements, regulations or policies of networks connected to this Service;
• to provide any information that is false or misleading, that you do not have a right to disclose or that attempts to hide your identity;
• to resell the Service or any portion of the Service.
4. In relation to your content submissions you hereby confirm that:
• you have the necessary licenses, rights and permission's to use your content submission in the manner intended by Heineken and these Terms; and
• you have the written consent and release of each identifiable person in your content submission to use their image or likeness to enable the use of your content submission in the manner intended by Heineken and these Terms.
5. You retain all of your ownership rights to your content submissions. You grant permission for the owners of Your Heineken to use and publish your content submissions in any format and through any channel they see fit.
6. You acknowledge that Heineken does not generally pre-screen content but that Heineken will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any content that is uploaded to the site for use in Your Heineken.
7. Heineken reserves the right to block users or websites from accessing Your Heineken without prior notice and for any reason.
8. You acknowledge and agree that Heineken may preserve content and may also disclose content if required to do so by law or in the belief that such disclosure is reasonably necessary to
(a) comply with legal requirements or process;
(b) enforce these Terms;
(c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or good name of Heineken or its users.
9. By uploading material to the site you
(a) represent and warrant to Heineken that you have all necessary permission to post or transmit the material and
(b) for the purpose of enabling Heineken display your images and fulfil your orders, you grant Heineken a non-exclusive, royalty-free license to use, reproduce, modify, publish and display, such content (in whole or in part). You further agree to waive, to the extent permissible, any moral rights in any jurisdictions relating to such content.
10. You agree that the use of the Service is entirely at your own risk. The Service offered by Heineken is provided without any warranties of any kind. Heineken makes no guarantee of availability of the Service.
11. You understand and agree that you are personally responsible for your behaviour in connection with the Service. You agree to indemnify, defend and hold harmless Heineken, its subsidiaries, affiliated companies, joint ventures, business partners, servants, agents, licensors, employees, agents and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and legal fees, resulting from or arising out of
(a) images or other content posted by you or any other person who accesses the Service using your [account / membership or user name], to the Site or submitted through the Service,
(b) use or misuse of the Service by you or any other person who accesses the Service using your [account/ membership/ user name],
(c) any breach of these Terms or
(d) any breach of any rights of a third party.
YOUR HEINEKEN FACEBOOK COMPETITION
TERMS & CONDITIONS
1. The promoter is Heineken Ireland Limited trading at Old Belgard Road, Tallaght, Dublin 24 Ireland (“Heineken”).
2. The “Your Heineken/Your Mo” competition is only open to entry by individuals who are aged 18 years and over (proof of age may be required) and reside in the Republic of Ireland. No syndicates or groups will be allowed to participate. Employees and/or relatives of employees of Heineken, its associated companies and any agents connected to this competition are not eligible to enter this competition and/or win any prize.
3. This competition will open at 12.00 on October 19th 2011 and close at 18:00 on 23rd of November.
4. Entry into this competition will be deemed to be a full and unconditional acceptance by the applicant of the terms and conditions of this competition. A failure to adhere to these terms and conditions may result in disqualification from this competition and, if applicable, forfeiture of the prize(s).
5. Entrants must upload/ create artwork inspired by the theme.
6. Prize will consist of 1) Wining design featured at nationwide gala parties 2) One case (24 bottles) of winning theme bottles delivered to Irish address (bottles may take up to 6 weeks for production) 3) One night accommodation in Dublin hotel for two persons. (Max value €200) including transport for two persons to Dublin from anywhere in Republic of Ireland - Max value 100€ per person. (To be arranged by Heineken, bus, rail or car transport).
7. The winning designs will be chosen by the public through a voting system, the design with highest number of votes on closing date winning. Heineken reserve the right to veto said vote if deemed necessary. Any entry deemed to be taking part in fraudulent or dishonest voting practices shall be disqualified. This includes vote swapping sites and vote gathering through computer programming.
8. The winners may be required for publicity purposes. Entrants agree by entering this competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken may at its discretion choose a replacement winner without further reference or obligation to the original winner.
9. Heineken reserves the right to vary, cancel, postpone or modify this competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken is also entitled to vary the prize(s) if, in its opinion, any would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.
10. In consideration for entry into this competition, entrants agree to assign to Heineken (or an associated company nominated by Heineken) irrevocably and absolutely all right, title and interest in the copyright in the artwork worldwide (and/or any other intellectual property rights subsisting in the entry) for the full duration of such copyright including any extensions and renewals, including the right to sue for past infringement of such rights. Entrants hereby waive all moral rights to the extent permissible in law in the artwork. Entrants agree to enter into such further documentation as is required by Heineken to give full effect to this term.
11. Heineken will only use entrant’s details for the purposes of activities in connection with this competition. Entrant’s personal information will not be used for any other purpose whatsoever without prior permission. Any personal information held by Heineken for these purposes will be held in accordance with Heineken’s privacy statement, which is available at www.heineken.ie.
12. Heineken does not warrant that any use of or access to the website www.heineken.ie will be uninterrupted by error or virus free nor will it have any liability for damage caused by hostile software which may infect an entrant’s equipment or property as a result of that participant using or browsing the website.
13. No warranty or guarantee is given by Heineken in relation to any of the prizes and to the fullest extent permitted by law, Heineken, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this competition and Heineken does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
14. This competition and these terms and conditions will be governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.
15. Your Heineken provides for the hosting and publishing of user submitted content.
16. In relation to your content submissions, you are responsible for all of the images
17. You upload or copy using the Service. You must have the legal right to copy and display each image that you upload or print. Professional images provided to you by professional photographers or made available through websites, magazines, books or other resources are protected by copyright and should not be uploaded, printed or copied using the Service.
18. You agree not to use the Service:
19. for any unlawful purpose;
20. to upload, post, order for print, email or otherwise communicate material
21. (including but not limited to images) that is or which we consider in our sole
22. discretion obscene, offensive, blasphemous, unlawful, pornographic, menacing, threatening,
23. racist, abusive, harmful, an invasion of privacy or publicity rights, libellous, defamatory, illegal or otherwise objectionable;
24. to upload, post, order for print, email or otherwise communicate material
25. (including but not limited to images) that you do not have a right to transmit or
26. communicate under any contractual or fiduciary relationship or which infringes any copyright,
27. trade mark, patent, trade secret or other intellectual property right or any moral right of any party;
28. to harm minors in any way, including but not limited to, uploading, posting, ordering for print,
29. emailing or otherwise communicating material that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
30. to upload, post, email or otherwise transmit any material which is likely to cause harm to Heineken or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data, or other files or programmes designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption of the Service;
31. for any commercial purposes without the express prior written consent of Heineken;
32. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
33. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to solicit or attempt to discover a user’s password, screen name, uploaded image(s) or other registration information without the user’s express knowledge and prior consent;
34. to interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any procedures, requirements, regulations or policies of networks connected to this Service;
35. to provide any information that is false or misleading, that you do not have a right to disclose or that attempts to hide your identity;
36. to resell the Service or any portion of the Service.
37. In relation to your content submissions you hereby confirm that:
38. you have the necessary licenses, rights and permission's to use your content submission in the manner intended by Heineken and these Terms; and
39. you have the written consent and release of each identifiable person in your content submission to use their image or likeness to enable the use of your content submission in the manner intended by Heineken and these Terms.
40. You retain all of your ownership rights to your content submissions. You grant permission for the owners of Your Heineken to use and publish your content submissions in any format and through any channel they see fit.
41. You acknowledge that Heineken does not generally pre-screen content but that Heineken will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any content that is uploaded to the site for use in Your Heineken.
42. Heineken reserves the right to block users or websites from accessing Your Heineken without prior notice and for any reason.
43. You acknowledge and agree that Heineken may preserve content and may also disclose content if required to do so by law or in the belief that such disclosure is reasonably necessary to
44. (a) comply with legal requirements or process;
45. (b) enforce these Terms;
46. (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or good name of Heineken or its users.
47. By uploading material to the site you
48. (a) represent and warrant to Heineken that you have all necessary permission to post or transmit the material and
49. (b) for the purpose of enabling Heineken display your images and fulfill your orders, you grant Heineken a non-exclusive, royalty-free license to use, reproduce, modify, publish and display, such content (in whole or in part). You further agree to waive, to the extent permissible, any moral rights in any jurisdictions relating to such content.
50. You agree that the use of the Service is entirely at your own risk. The Service offered by Heineken is provided without any warranties of any kind. Heineken makes no guarantee of availability of the Service.
51. You understand and agree that you are personally responsible for your behaviour in connection with the Service. You agree to indemnify, defend and hold harmless Heineken, its subsidiaries, affiliated companies, joint ventures, business partners, servants, agents, licensors, employees, agents and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and legal fees, resulting from or arising out of
52. (a) images or other content posted by you or any other person who accesses the Service using your [account / membership or user name], to the Site or submitted through the Service,
53. (b) use or misuse of the Service by you or any other person who accesses the Service using your [account/ membership/ user name],
54. (c) any breach of these Terms or
55. (d) any breach of any rights of a third party
The winning designs will be chosen by the public through a voting system.
Heineken reserve the right to veto said vote if deemed necessary.
.
Heineken Cup Battle of the Pubs
TERMS & CONDITIONS
1. The promoter is Heineken Ireland Limited trading at Old Belgard Road, Tallaght, Dublin 24 Ireland (“Heineken”).
2. The “Heineken Cup Battle of the Pubs” competition is only open to entry from individuals who are aged 18 years and over (proof of age will be required).
3. Entry into this competition will be deemed to be a full and unconditional acceptance by the applicant of the terms and conditions of this competition. A failure to adhere to these terms and conditions may result in disqualification from the competition and, if applicable, forfeiture of the prize(s).
4. To enter the competition entrants must text the unique Pub code shown on promotional material in the participating pub along with their name and age to 50015.
5. This is a freetext service. Heineken Ireland will pay for all the text messages sent and received. The SMS service provider is Zamano.
6. Entries open on the 9th of April 2011 at 17:00 and closes half an hour after the final whistle of the Leinster V Leicester, Heineken Cup Quarter Final on the 9th of April 2011.
7. The first entry received per question per phone number per pub will be the entry counted.
8. The competition is only available in participating pubs; Pub01 Russell Court Hotel, Pub02 The Living Room, Pub03 Waterloo House, Pub04 Kielys, Pub05 Searsons, Pub06 The Barge Inn, Pub07
Harcourt Hotel, Pub08 The Woolshed Baa and Gill, Pub09 The Odeon and Pub10 Dandelion.
9. All patrons of participating pubs will be entered into a competition taking place on the 9th April 2011.
10. The pub with the highest percentage of correct answers over the 13 questions will be determined the winning pub.
11. After 13 questions, if two or more pubs have the same number of correct answers, then the pub with the highest correct response rate on any one question will be deemed the winner.
12. The winning pub will be notified within an hour of the final whistle of the Leinster V Leicester, Heineken Cup Quarter Final on the 9th of April 2011.
13. In all respects, the judges’ decision is final and no correspondence will be entered into.
14. The patrons of the winning pub will win Heineken Cup Merchandise while stocks last.
15. Winners can only claim their prize while Heineken Cup brand ambassadors are in the winning venue.
16. Save as provided in clause 21, the prizes are as stated and no alternative cash or otherwise will be offered. The prizes are not transferable.
17. Incomplete, illegible or late entries will not be accepted.
18. Heineken accepts no responsibility for any entries not received or for undelivered or delayed messages which were unable to be sent due to network coverage, technical failure or any other reason beyond its control. No responsibility will be accepted by Heineken for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet, accessibility or availability or for traffic congestion or unauthorised human act.
19. The winners may be required for publicity purposes. Entrants agree by entering the Competition to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes. Should a winner be unable or unwilling to take part in any such publicity, Heineken may at its discretion choose a replacement winner without future reference or obligation to the original winner.
20. Employees and / or relatives of employees of Heineken, its associated companies and any agents connected to this competition are not eligible to enter the competition and/or win any prize.
21. Heineken reserves the right to vary, cancel or modify the competition at any time and for whatever reason and/or amend or withdraw this competition in whole or in part at any time due to unforeseen circumstances. Heineken is also entitled to vary the prize(s) if, in its opinion, any would be inappropriate in any way. In that event, a prize of equal or greater value will be offered.
22. Heineken will only use entrant’s details for the purposes of notifying entrants of any promotional activities in connection with this competition and entrant’s personal information will not be used for any other purpose whatsoever without prior permission. Any personal information held by Heineken for the purposes of this competition will be held in accordance with Heineken’s privacy statement at www.heineken.com.
23. Heineken does not warrant that any use of or access to the website will be uninterrupted by error or virus free nor will it have any liability for damage caused by hostile software which may infect an entrant’s equipment or property as a result of that participant using or browsing the website www.heineken.ie/heinekencup/.
24. No warranty or guarantee is given by Heineken in relation to any of the prizes and to the fullest extent permitted by law, Heineken, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this competition and Heineken does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
25. The competition and these terms and conditions will be governed by Irish law and subject to the exclusive jurisdiction of the Irish Courts.
Star Player Terms and conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE STAR PLAYER APPLICATION
Introduction
1. These terms and conditions (“Terms of Use”) apply to "Star Player" (hereinafter: the “Game”) and to all use of the Star Player Application(the “Application”), as well as to all Content and/or Services provided to you on or through the Application (the “Information”). “Content” includes all text, graphics, images, audio, video, software, data compilations and any other form of information that appears on or forms part of the Application. “Services” include all online facilities, communication infrastructure, services, tools or any other information that is made available through the Application.
2. This game is offered by Heineken Ireland Limited (Heineken), whose registered office is at Ladyswell Brewery, Cork, Ireland.
3. These Terms of Use apply to the legal relationship between you and Heineken as a participant of the Game. Your relationship with Facebook is governed by the Facebook terms and conditions which can be found at http://www.facebook.com/terms.php. You can not invoke the Facebook terms and conditions in your legal relationship with Heineken. Facebook is not a sponsor of administrator, or in any way associated with the Game.
4. By participating to the Game or using the Information, you declare explicitly to have read and to have accepted the Terms of Use, whether or not you are a registered member of the Game.
5. 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 Game 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 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) enter the Application or play the Game or use the Information. You are advised to regularly read the Terms of Use for possible changes.
Participation
1. YOU ARE ONLY ELIGIBLE TO ENTER THE APPLICATION OR PLAY THE GAME OR USE THE INFORMATION IF YOU ARE ABOVE EIGHTEEN YEARS OLD.
2. NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THE GAME.
3. 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 Game in any way.
4. Employees and / or relatives of employees of Heineken, its associated companies and any agents connected to the Game are not eligible to enter the Game and/or win any Prize (this extends to immediate family members of any of the prohibited persons referred to above and to individuals who become prohibited persons during the course of the Game).
Game dates and time
1. The Game is operated live and can only be played during UEFA Champions League football matches which take place on 13 and 14 September 2011 (Week 1), 27 and 28 September 2011 (Week 2), 18 and 19 October 2011 (Week 3), 1 and 2 November 2011 (Week 4), 22 and 23 November 2011 (Week 5), 6 and 7 December 2011 (Week 6), 14 and 15 February 2012 (Week 7), 21 and 22 February 2012 (Week 8), 6 and 7 March 2012 (Week 9), 13 and 14 March 2012 (Week 10), 27 and 28 March 2012 (Week 12), 3 and 4 April 2012 (Week 13), 17 and 18 April 2012 (Week 14), 24 and 25 April 2012 (Week 15) and 19 May 2012 (Final Week) (or on altered dates for these matches as determined by the organization of the UEFA Champions League) (each an "Action Period").
2. The Game can only be played from 30 minutes before Kick-Off until 15 minutes after the end (including any injury time) of any UEFA Champions League match which takes place during an Action Period.
3. All decisions regarding the availability of the Game during relevant matches will be made exclusively by [Heineken or any of its affiliates], whose decisions will be final and binding on such matters.
How to enter
1. You can participate in the Game, through the following channels, which are:
• Through a private league – which can be created or joined via Heineken.com/ie or email invitation. You can create or join a private league to play with a maximum of 25 persons (each of who will be a “Facebook Friend”). You stay part of the Irish league after entering a private league. You are not required to create or join a league to play the Game.
• Through a tab dedicated to Star Player on the website www.heineken.com
2. To register to participate in the Game you will need to provide your name, valid e-mail address and true age. You can also register a “nick-name”, which you wish to be visible to other participants of the Game. You may register at any time during an Action Period.
How to play
1. During any UEFA Champions League match which takes place during an Action Period, participants in the Game will be asked live game questions about match moments (“Live Match Moments”) and multiple choice bonus questions (“Bonus Questions”).
2. Live Match Moments: Prior to a penalty, free kick or corner being taken, you will be asked to predict where the ball will land, before the question countdown is over. If you see the live result before the countdown is over, your answer will not be accepted.
3. Bonus Questions: At any time you may be asked to answer questions that test your knowledge of the nations that compete in the UEFA Champions League, before the question countdown is over.
4. You score points for your correct answers on the Live Match Moments and Bonus Questions. The quicker you submit your correct answers on the Bonus Question, the more points you score.
5. You also score points with a click on the button “Goal”, when you think there will be a goal in the next 30 seconds and your prediction is correct. The maximum amount that you may click on the button “Goal” is 8 times plus an extra "Goal" chance Power Up to use in every match (see under 5.6.: Goal).
6. At the start of each match you will be awarded with 3 Power Ups (each of which will be valid for one match only):
• Max Points: you score maximum points on the correct answer on 1 Bonus Question of your choice;
• 50:50: Game operator eliminates two incorrect answers on 1 Bonus Question of your choice, leaving you with a choice between the correct answer and one incorrect one from which to select;
• Goal: you may click one extra time on the button “Goal”;
7. All decisions regarding points scored in the Game will be made exclusively by Heineken, whose decisions are final and binding on such matters.
Leader Boards
1. Players on the Irish website will only be shown on the Irish local market website. The Global Leader Board shows the ranking of the points scored by all registered participants of the Game. The League Leader Board shows the ranking of your Private League. The Facebook Friend Leader Board shows the ranking of your Facebook Friends.
2. Heineken reserves the right to change rankings on the Leader Boards. In the event of a tiebreaker situation (two similar scores), the participant who submitted most correct answers on the Bonus Questions will obtain the first ranking. Should there be still any tiebreaker situation, the participant who submitted his answers on the Bonus Questions the fastest will obtain the first ranking.
How to win
1. The leaderboard shows the rankings of all registered participants and the person with the highest score is the winner.
2. Each Winner will be notified by email the day after the relevant Game. If a Winner does not accept the prize within 48 hours of being contacted by Heineken Ireland then the Prize will be offered to the participant who achieved the next highest score. No correspondance will be entered into.
Prizes
1. The person at the top of the Irish Leaderboard after any of the six UEFA Champions League match weeks, Week 1 to Week 5, will win a trip to the relevant match listed below for two people including two tickets for one match which shall take place in the earliest week after you have won in which week UEFA matches are played, flights, accommodation and Back Stadium Passes.
1. Bayern Munich v Man City on Sep 27th
2. Otelul Galati v Manchester United on Oct 18th
3. Arsenal v Marseilles on Nov 1st
4. Milan v Barcelona on Nov 23rd
5. Chelsea v Valencia on Dec 6th
2. The person in second place on the leaderboard at the end of the matchweek in Week 1 to Week 5 inclusive will win a Heineken UEFA Champtions League football table.
3. All prizes will be dispatched to Winners in time for you to attend the earliest UEFA match after you have won in which UEFA matches took place.
Release
1. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HEINEKEN, FACEBOOK AND APPLE AND EACH OF THEIR 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, CLAIM, OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE GAME, INCLUDING CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND PRIVACY RIGHTS.
Liability
1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE AT ANY TIME FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, RESULTING FROM THE USE (OR INABILITY TO MAKE USE) OF THE APPLICATION OR THE GAME OR ANYTHING CONNECTED WITH IT, INCLUDING DAMAGES, LOSSES, AND CAUSES OF ACTION 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 THE RELEASED PARTIES.
2. THE GAME AND THE APPLICATION ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE AT ANY TIME FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM ANY LACK OF SUITABILITY, TIMELINESS OR ACCURACY OF THIS APPLICATION OR THE INFORMATION; OR RESULTING FROM THE USE OF ELECTRONIC MEANS OF COMMUNICATION, INCLUDING, BUT NOT LIMITED TO 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; OR RESULTING FROM BREAKDOWNS IN AND/OR ERRORS IN OR RELATING TO THE INTERNET, ONE OR MORE OF THE APPLICATIONS REFERRED TO IN THESE TERMS OF USE, THE (TELEPHONE, CABLE OR ANY OTHER RELEVANT) NETWORK, SOFTWARE OR HARDWARE, OR FOR ANY ERRONEOUS ENTRY AND/OR PROCESSING OF CONTENT;
Disclaimer
1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF CONDITIONS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Intellectual property
1. Unless indicated otherwise, all intellectual property rights to the Game, the Application and the Information are owned by Heineken. These rights include but are not limited to all copyrights, design rights, rights to the trade names, word trademarks, pictorial trademarks and logos of Heineken, such as, but not limited to the rights to "HEINEKEN".
2. Users are permitted to read the Application and the Information and make copies for their own personal use, for example by printing or storing. All other use of the Application or the Information, for example the storage or reproduction of (a part of) the Information of Heineken in any external internet site or the creation of links, hypertext links or deeplinks, is prohibited without the express written consent of Heineken.
Material Postings
1. In the event that you post unsolicited ideas, opinions, statements, content of any messaging or other materials consisting of text, graphics, images, audio, video, software, data compilations or other materials (the “Material”) on the Application and associated discussion groups, bulletin boards or chatrooms, or send such Material to Heineken by email or otherwise, Heineken shall be entitled to use, copy and commercially exploit such Material in whole or in part, in any form, to the fullest extent and free of charge. Heineken shall not be bound by any confidentiality obligation in respect of such Material.
2. 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 POSTING, USE OR EXPLOITATION OF THE MATERIAL INFRINGING THE (INTELLECTUAL PROPERTY) RIGHTS OF ANY THIRD PARTY OR OTHERWISE BEING UNLAWFUL TOWARDS A THIRD PARTY.
3. When using the Application or posting Material you must not post Material:
• that violate these Terms of Use or any applicable laws or any other regulation, guideline or community standard;
• that is obscene or otherwise objectionable, vulgar, abusive, threatening, harassing, defamatory, sexist or racist;
• that is intended to promote or incite violent, dangerous or antisocial behaviour.
4. Heineken is not required to pre-screen any Material that is posted on or through the Application and associated discussion groups, bulletin boards, chatrooms, although Heineken reserves the right to do so at its sole discretion and without prior notification.
5. Heineken reserve the right to remove Material, at its sole discretion and without prior notification, that, does not meet its standards or does not comply with these Terms of Use, but Heineken is not liable for any failure or delay in removing such material.
Information and Material of others
1. The Information and Material 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 and Material.
2. Hyperlinks on this Application may direct visitors to external websites which are maintained by others. 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.
Privacy and data protection
1. The personal data provided by you in the context of this Game will be collected and processed by Heineken in accordance with our privacy and cookie policy.
2. Entrant's personal information will not be used for any other purpose whatsoever without prior permission.
3. Winners of Prizes may be required for publicity purposes. Winners agree, by participating in the Game, to participate in such publicity including but not limited to the publication of their names and pictures for advertising and/or promotional purposes.
Comments and/or complaints
1. During the Action Period you may express your complaints concerning the Game and Terms of Use by sending an e-mail to webcenter@Heineken.com stating your name, address, e-mail address and telephone number. Heineken will thereupon contact you within a reasonable time after the date of delivery. Heineken will not take up correspondence regarding the ranking on the Leader Boards.
Severability
1. 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 be with 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 competent court
1. These terms and conditions shall be exclusively governed by Dutch law. All disputes arising in connection with these terms of conditions, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Amsterdam, The Netherlands.