LAST UPDATED: February 23, 2017
- No entry for under-aged persons: You must be twenty-one (21) years of age or older to use the Services.
- Intellectual property belongs to HEINEKEN: The HEINEKEN name, logos and trademarks belong to HEINEKEN BROUWERIJEN B.V. or HEINEKEN USA INCORPORATED (collectively hereinafter referred to as “HEINEKEN”). By using the Services, you acknowledge and agree that any name, logo, trademark or service mark contained in these Services is owned or licensed by HEINEKEN and may not be used by you without HEINEKEN’S prior written approval. HEINEKEN will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on the Services are either the property of HEINEKEN or used in the Services with permission. Your use of any of these materials is prohibited unless specifically provided for on the Services. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
- User names and passwords: You may need to register to use all or part of the Services. HEINEKEN may reject, or require that you change, any user name, password, or other information that you provide when registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password, and you must promptly notify us of any unauthorized use of your user name or password.
- Jurisdictional issues: The Services are controlled and operated by HEINEKEN from the United States and are not intended to subject HEINEKEN to any non-U.S. jurisdiction or law. Any and all information contained in the Services, including, without limitation, information regarding products and services, applies only to those products and services offered in the U.S. The Services may not be appropriate or available for use in non-U.S. jurisdictions. If you use the Services from outside of the U.S., any such use is at your own risk, and you are responsible for compliance with all applicable local laws. HEINEKEN may limit the availability of the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that it chooses.
- Your submissions: Users of the Services may make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Services’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. HEINEKEN has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
HEINEKEN’s license to use your Submissions: For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to HEINEKEN a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to HEINEKEN any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place HEINEKEN under any fiduciary or other obligation. You further acknowledge and agree that HEINEKEN has no obligation to use any Feedback or Submission, and that you have no right to compel any such use.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Rules of conduct: In connection with the Services, you must not:
- Post, transmit or otherwise make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available any materials that could: (a) constitute or encourage conduct that would be considered a criminal offense; (b) give rise to civil liability; (c) promote the excessive, irresponsible or underage consumption of alcohol; or (d) otherwise violate any law or regulation.
- Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Services.
- Interfere with or disrupt the operation of the Services or the servers or networks used to make them available, including by hacking or defacing any portion of the Services, or violate any requirement, procedure or policy of such servers or networks.
- Prevent any person from using the Services.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without HEINEKEN’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Services.
- Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without HEINEKEN’s express prior written consent.
- Systematically download and store Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without HEINEKEN’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in any Service’s root directory, HEINEKEN grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HEINEKEN reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
- Monitoring: HEINEKEN may (but has no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services. HEINEKEN may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. Notwithstanding that HEINEKEN or other parties are involved in creating, producing or delivering the Services and may, from time to time, monitor or review transmissions, postings or discussions, HEINEKEN and all parties involved in creating, producing or delivering the Services assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
- Products: The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by HEINEKEN or by third parties. The availability through the Services of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
HEINEKEN reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; and to bar any user from making any Transaction.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE SERVICES, HEINEKEN EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING: (A) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (B) THAT THE SERVER OR MEANS THAT YOU USE TO ACCESS THE SERVICES IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
- Respect for intellectual property: HEINEKEN respects the intellectual property rights of others. It is our policy not to permit materials known by HEINEKEN to infringe another party’s copyright to remain on any portion of the Services. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send HEINEKEN a written notice by mail, e-mail or fax, requesting that HEINEKEN remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send HEINEKEN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Julie Kinch, as follows: by mail to Julie Kinch, Heineken USA Incorporated, 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601; by e-mail to email@example.com. Julie Kinch’s phone number is 914-681-4100. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
- Information or Complaints: If you have a question or complaint regarding the Services, please send an e-mail to firstname.lastname@example.org You may also contact us by writing to Corporate Relations, 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601 or by calling us at 914-681-4100. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
Site © 2017 Heineken USA, unless otherwise noted. All rights reserved.
LAST UPDATED: February 23, 2017
The Services are intended for people who are 21 years of age or older. If someone under the legal drinking age has provided HEINEKEN with personal information by obtaining access to the Services in violation of our access restrictions, we request that the parent or legal guardian of that person contact HEINEKEN so we can remove the information from our records.
Personal Information We May Collect
“Personal Information” is information that identifies you as an individual or relates to an identifiable person, including, for example, your:
- Email address
- Postal address
- Telephone number
- Credit and debit card number
- Social media account ID
How We May Collect Personal Information
We may collect Personal Information in a variety of ways, including:
- Through the Services: We may collect Personal Information through the Services, such as when you enter our website via our age gate.
- From Other Sources: We may receive your Personal Information from other online and offline sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties. For example, if you elect to connect your social media account to your website account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends’ profiles.
How We May Use Personal Information
We may use Personal Information:
- To respond to your inquiries, fulfill your requests and process your transactions, and to provide you with related customer service.
- To send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies.
- To send you marketing communications that we believe may be of interest to you.
- To personalize your experience on the Services by presenting products and offers tailored to you.
- To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information. We suggest that you read any such rules carefully.
- To facilitate social sharing functionality.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
- To our third party service providers who provide services such as website hosting, data management and analysis, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
- To third parties that co-sponsor or co-brand activities with HEINEKEN, including to permit them to send you marketing communications.
- To third-party sponsors and administrators of sweepstakes, contests and similar promotions.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials that are visible to other users and/or the general public (“Public Postings”) via the Services. Please note that any information you post or disclose via Public Postings will become public information. We urge you to be very careful when deciding to publicly disclose any information on the Services.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
Other Uses and Disclosures
We also may use and disclose your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce our terms and conditions; and (d) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
Other Information We May Collect
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:
- Browser and device information
- App usage data
- Information collected through cookies, pixel tags, web beacons and other technologies
- IP address
- Location information
- Demographic information and other information provided by you
- Aggregated information
If we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes for which we use and disclose Personal Information as detailed in this Policy.
How We May Collect Other Information
We and our third party service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
- Through your use of an App: When you download and use a HEINEKEN App, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app.
- Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
- Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.
- IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.
- Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content.
- From you: Information, such as your preferences or demographic information is collected when you voluntarily provide it.
- By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
How We May Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
Do Not Track Signals
Some web browsers have settings that include “do not track signals.” The Services are not currently engineered to respond to those signals.
Third Party Services
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to them in connection with the Services.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below.
Choices And Access
You may opt out of receiving marketing emails from us by following the instructions contained in each such email. In addition, certain Services may give you the ability to opt out through your account settings. We will try to comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
If you would like to review, correct, update, suppress or delete Personal Information that you have previously provided to us, you may write to us at email@example.com.
Your California Privacy Rights
Under California Civil Code section 1798.83, California residents have the right to request and receive from HEINEKEN, once a year, free of charge, information about the personal information we have disclosed (if any) to third parties for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to firstname.lastname@example.org, including the phrase “California Privacy Request” in the subject line, and provide HEINEKEN with your name, postal address and email address.
The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) on or through the Services or otherwise to us.