Welcome to the Red Stripe® Rewards™ Program (“Program”) sponsored by Red Stripe (“Sponsor”, “we”, “our” or "us"). These Program Terms and Conditions (“Terms”) apply to your use of the Program, the Program website (http://www.redstripesrewards.com) (“Website”), and the Red Stripes Rewards mobile application (“App”). In these Terms, “Program Sites” means the Program Website and the Program App, collectively. “Participant”, “user” or “you” means any person accessing or using the Program and/or any of the Program Sites
Your access to and use of the Program, Website and/or App is at all times subject to these Terms, the Red Stripe Privacy Statement (http://www.heineken.com/us/Terms-of-Use-and-Privacy) and all applicable federal, state and local laws, rules and regulations.
By registering for, accessing and/or using the Program or the Program Sites in any manner whatsoever, you acknowledge and agree that you have read, understood and agree to be bound by these Terms, Sponsor’s Privacy Statement, and all other operating rules, policies and/or procedures that may be published by us from time to time on the Program Sites, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. It is important to check all Terms and Policies periodically for any updates.
Please do not use the Program and/or Program Sites if you are not eligible for the Program, or if you do not agree to these Terms, the Red Stripe Policy Statement, or any of the other applicable terms or policies which govern your participation and use of the Program and Program Sites.
To be eligible for the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and 21 years of age or older. Not all aspects of the Program will be available to all Participants due to state of residence legal constraints. Upon registration you will be automatically enrolled in Program. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Program account for the purpose of accumulating Stripes (as defined below) for combined use. You must provide true, accurate and complete information as required, and you must keep your account information up to date at all times. You may not create an account using another person’s name or information, including email address and/or phone number. You are solely responsible for the activity that occurs on your account. You may never use another person’s account or registration information for the Program without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You may delete your account by emailing email@example.com.
To register for the Program, you must first download the App or visit the Website and then input your information onto the registration page, including your full name (no initials), date of birth, state of residence, and current valid email address. You may also upload a picture for your account profile. In lieu of a photograph you may choose an avatar if you wish. Photo must be taken within the last year. All photos will be evaluated to determine whether applicant reasonably appears to be over the age of 21, in compliance with the Beer Institute’s Advertising and Marketing Code. Photo must not include any persons other than yourself, and photo also must not include any trademark, trade name, image, or other property not owned or controlled by you. Photographs must be in good taste and Sponsor reserves the right to remove any photographs it deems inappropriate at its sole discretion. Once you have become a Participant, you can begin earning points through the Program (“Stripes”). Stripes can be redeemed for certain Program rewards, events and experiences (“Rewards”) or for entries into the Program sweepstakes (“Sweepstakes”) for a chance to win an experience trip prize. Stripes are earned through various eligible activities, as listed in Section 3 below and on the Program Sites, as updated from time to time. Complete details and descriptions of eligible Program activities, Rewards, Prizes, as well as information on earning and redeeming Stripes will be provided on the Program Sites, and will be updated from time to time throughout the Program. The eligible Program activities and the Stripe values for activities are subject to change at any time in Sponsor’s sole discretion, but no change will be considered effective until such changes have been published on the Program Sites. Limits on the number of Stripes that may be earned by a Participant for certain activities will be published on the Program Sites. You expressly agree that Sponsor shall not be responsible for the loss of any Stripes and/or Rewards you earn through the Program, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber-attack or other events which make it impossible for Sponsor to determine the Point totals for any account or accounts. Stripes remaining in a Participant’s account balance more than 30 days after Program end date will not be valid for redemption.
Eligible activities may include (but shall not be limited to) the following:
Stripes will be posted to a Participant’s account balance within 24-hours of completing the eligible activity and will be immediately available for redemption. Information on current and available Program Rewards, Program offers, and eligible activities will be located on the Program Sites. Earning Stripes through purchase shall only be available to residents of certain states (as detailed above) and shall require Participant to photograph and upload a copy of Participant’s purchase receipt from your mobile device to the App or mobile-version of the Website pursuant to these Terms and the terms of the applicable rebate offer. Participants who do not wish to upload an image of the receipt must send a copy of the purchase receipt by mail as provided in the terms of the applicable rebate offer. Cash register receipt(s) must be dated between April 1, 2017 and December 31, 2017. All requests for a rebate must be received by January 15, 2018 to be eligible to earn Stripes. Purchases made after Program ends will not be eligible. Receipt images uploaded which are not clearly legible, do not list eligible items, and/or do not contain all four corners of the receipt may not be eligible for Stripes or Rewards. The same receipt may NOT be uploaded or mailed more than once. Sponsor may freeze or eliminate Participant’s account if fraudulent activity is suspected and/or if purchase receipts submitted are not directly related to Participant’s own shopping activity. Specifically, Participant may NOT submit receipts resulting from purchases not made by Participant. Sponsor reserves the right to terminate or suspend Participant’s account and/or to delete or modify Stripes from Participant’s account, if Sponsor suspects or determines, in its sole and absolute discretion, that such Stripes were obtained as a result of any fraudulent, dishonest, misleading or illegal acts, including but not limited to, augmenting receipts. Receipts uploaded to the Program Sites will not be viewable by the public, and shall be used solely for the purpose of verifying eligible purchases. Sponsor may freeze or terminate a Participant’s account after three (3) consecutive months of inactivity, in Sponsor’s sole discretion. If you violate any of the provisions contained in these Terms, Sponsor reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Program. You agree that Sponsor need not provide you notice before terminating or suspending your account(s). Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of Sponsor, including but not limited to Program Stripes and/or Rewards, regardless of monetary value. Notwithstanding the foregoing, except if due to your negligence or breach, termination of your account will not affect any Stripes you have earned prior to termination, or your ability to redeem those Stripes for Rewards. Stripes cannot be converted to cash however, and any Stripes not redeemed with one (1) month of termination shall be deemed void. Sponsor reserves the right to refuse access to the Program and/or Program Sites without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Sponsor may discontinue the Program or change the content or nature of the Program at any time, for any reason, with or without notice to you, without liability. If we make changes that materially affect your use of a Program or the Websites, we will post a notice of the change on the Websites. You are under an obligation to review the updated, current version of these Terms and other published Sponsor policies before using the Program.
Stripes may be redeemed for Rewards. A description of the Rewards available in the Program, and the Stripes needed to redeem such Rewards, will be available in the Rewards catalog found on the Program Sites. Rewards shall include, but not be limited to, certain branded merchandise, gift cards, event tickets, Red Stripe experiences, and other items as may be added from time to time by Sponsor. Not all Rewards will be available to all Participants due to state-specific legal constraints. Rewards are available only while supplies last and quantities may be limited. Sponsor may change at any time the Rewards available in Sponsor’s Rewards catalog without notice. Participant will not be able to redeem Stripes for a Reward if Participant has insufficient Stripes for such Reward. Any items received as a result of redemption of Stripes may not be exchanged or returned for cash or credit. Rewards will be shipped within 4 to 6 weeks of approval of Reward redemption requests. The Program and/or the Rewards are void where prohibited by law. If a Reward becomes unavailable, Sponsor may substitute an item of equal or greater value. Rewards are not redeemable for cash. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Participant. Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Participants may not assign or transfer any Rewards. Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.
In addition to the Rewards that Participants can receive through redeeming Stripes, there is also a national sweepstakes available to all Participants No purchase is necessary to enter or win in the Sweepstakes. A purchase will not improve your chances of winning a Sweepstakes prize. You may enter the national Sweepstakes once per day without any obligation to purchase anything or by completing any activity. In addition to the initial entry, Participants in the Rewards Program may also exchange ten (10) Stripes for an additional entry up to two (2) times per day for a possible total of three (3) entries per day. There are also several regional Sweepstakes that are open to residents of select states only, but they are not part of the Rewards Program. Please be aware that entrants are limited to one (1) promotion prize per participant or household across all of HEINEKEN USA, Inc. brands (Red Stripe, Amstel, Dos Equis, Heineken, Murphy’s, Newcastle, Strongbow, and Tecate) during any six-month period. At various times during the Program Period, as specified on the Program Sites, Sponsor will randomly select a Participant Sweepstakes entrant to receive a Sweepstakes prize, which shall consist of a Red Stripe experience trip (the “Prize”). Exact Prize details will be provided on the Program Sites. Sponsor will notify the Sweepstakes winners using the contact information associated with each Participant's registration. Each winner will then have two (2) days to redeem his/her Prize, after which time Sponsor may select an alternate winner from amongst all eligible entries received. If a Prize becomes unavailable, Sponsor may substitute an item of equal or greater value. Prizes are not redeemable for cash, and may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Participant. Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Participants may not assign or transfer any Prizes. Sponsor makes no warranty in any respect as to any Prizes.
You are solely responsible for your account, profile, information, and any other content you upload or submit to or through the Program Sites. Sponsor is not responsible for any data lost during transmission. You agree not to access (or attempt to access) the Program or Program Sites by any means other than through the interfaces that we provide. You specifically agree not to access (or attempt to access) any of the Program through any automated means (including use of scripts or web crawlers). Furthermore, you agree that you will not engage in any activity that interferes with or disrupts the Program or Program Sites (or the servers and networks which are connected to the Program/Sites), and that should Sponsor suspect such activity, we shall have the right to terminate your account immediately.
SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE PROGRAM, SWEEPSTAKES, OFFERS, REWARDS, PRIZES AND/OR PROGRAM SITES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE PROGRAM OR PROGRAM SITES; (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM OR THROUGH THE PROGRAM OR PROGRAM SITES; and (v) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF, OR DOWNLOADING MATERIALS FROM, THE PROGRAM, PROGRAM SITES, AND/OR USE OR MISUSE OF A REWARD, PRIZE, OR OTHER PROGRAM OFFERING. SPONSOR’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE PROGRAM, REWARDS AND/OR PRIZES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT OWED FOR THE REWARD OR PRIZE. No advice or information, whether oral or written, obtained by you from Sponsor or through the Program or Program Sites will create any warranty not expressly stated herein.
You hereby agree to release and hold harmless Sponsor, its advertising and promotions agencies, and each of their parents, subsidiaries and affiliates, and each of their respective employees, officers, directors, stockholders, suppliers, affiliates, contractors, agents and successors, from and against any and all claims, damages, losses, costs, liabilities and expenses, that arise from or relate to your use or misuse, or access to, the Program, Sweepstakes, Program Sites, Rewards, Prizes, or any other offers or materials made available through the Program.
The Program Sites may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules. While we will make every reasonable efforts to resolve any disagreements you may have with us, if these efforts fail you agree that all claims, disputes or controversies against Sponsor, its parent companies, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors arising out of these Terms, the Program, Sweepstakes, Program Sites, Rewards, Prizes, or the purchase, sale and/or redemption of any Sponsor goods or services (“Claims”) are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.
The arbitration shall be administered by JAMS or its successor or, if no longer in existence, another nationally-recognized administrator, and conducted in accordance with its comprehensive arbitration rules then in effect (the “Rules”). The seat of the Arbitration shall be in New York City, New York. The Arbitration shall be conducted as expeditiously and economically as reasonably practicable. You shall not be entitled to join or consolidate claims in arbitration by or against other user or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules of the arbitration forms and instructions for initiating arbitration by contacting: American Arbitration Association; 800-778-7879 (toll-free); Website: www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least fifteen (15) years’ experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. If all parties to the Dispute do not agree upon the Arbitrator within twenty (20) days after commencement of the Arbitration, then the Arbitrator shall be appointed by the administrator pursuant to the Rules. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your Participant account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the “Award”). The arbitrator’s Award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the Award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. Each party irrevocably submits to the personal jurisdiction and venue of a state or federal court of competent jurisdiction in New York County, New York for any purpose permitted herein. Any Claim you have with respect to use of the Program or Program Sites must be commenced within one (1) year after the Claim arises. You and Sponsor hereby voluntarily and knowingly waive any right either may have to a jury trial.
Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms are effective and were last updated on April 24, 2017.