PROGRAM TERMS AND CONDITIONS FOR THE CITIES PROJECT BY HEINEKEN®

PROGRAM TERMS AND CONDITIONS FOR

THE CITIES PROJECT BY HEINEKEN®

CONTRIBUTE TO A WORTHY CAUSE AND

GET TICKETS TO A BRUNO MARS 24K MAGIC CONCERT

THE CITIES PROJECT BY HEINEKEN (THE “PROGRAM”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER.

The Program is presented by Heineken (“Heineken” or “Sponsor”) to provide an opportunity to the public to give back by contributing to a worthy cause through the National Trust for Historic Preservation (NTHP) or the Seal Legacy Foundation, with the potential to get one (1) pair of upper level tickets to a Bruno Mars 24K Magic Tour Concert. Refer to Section A below for full details on how to contribute to the Heineken Cities Project and get tickets to a Bruno Mars 24K Magic Concert.

START/END DATES:

The starting and ending dates for the Program (the “Promotion Period”) are as follows:

(a) Continental U.S. – The Program begins at 3:00 p.m. Eastern Time (ET) on 5/1/17 and ends at 11:59 p.m. ET on 7/10/17.

(b) Hawaii – The Program begins at 9:00 a.m. Hawaii Time (HT) on 5/1/17 and ends at 5:59 p.m. (HT) on 7/10/17.

The total number of Bruno Mars 24K Magic Tour Concert tickets is limited to five thousand two hundred ninety (5,290) and will be distributed on a first-come first-served and rolling basis with a limited number of tickets at the beginning of each week during the Promotion Period.

HOW TO PARTICIPATE:

There are two (2) ways to participate:

(a) By Texting “CITIES” or “HKNCITIES” to 88500 and following the prompts, or

(b) by visiting enterprise.indiegogo.com/HeinekenCities for full Program details and to support an available charitable project of your choice by making a contribution of $150 to the National Trust for Historic Preservation or the Seal Legacy Foundation for the opportunity to obtain two (2) tickets to a Bruno Mars 24K Magic Concert. You can also support the NHTP by making contributions at other levels to receive other perks. (See the information on the Indiegogo webpage for the project of your choice to see what other perks are available.) To get one (1) pair of tickets complete the following steps: (a) select a concert, (b) select from one of eleven (11) projects (each a “Project”) you would like to support, (c) enter your e-mail address as directed, and (d) proceed to checkout to finalize your contribution. Once your contribution is finalized you will receive additional information on how to redeem your tickets. Once it has been verified that you are at least twenty-one (21), your tickets will be sent to you via mail prior to the concert date. If tickets to a particular concert are not available, you will see a message on the screen prior to making a contribution indicating that tickets for that particular concert are not available and encouraging you to select another concert or to check back the following week. Limit one (1) pair of tickets per person (single concert). By making a contribution, participants fully and unconditionally agree to be bound by these Program Terms and Conditions which are final and binding in all matters relating to the Program.

DEDUCTIBILITY OF YOUR CONTRIBUTION:

A portion of your contribution to the Program may be tax deductible, depending on the perks that you receive. The fair market value of the tickets will vary by venue and this will affect the amount of a charitable deduction, if any, you may receive. It is unlikely that your contribution in exchange for tickets will be tax deductible. You will receive an acknowledgment from the National Trust for Historic Preservation or the Seal Legacy Foundation, as appropriate, that informs you how much of your contribution to the Program is tax deductible, if any.

ELIGIBILITY:

The opportunity to obtain one (1) pair of tickets to a Bruno Mars Magic 24K Tour Concert by making an eligible donation is open to legal residents of the fifty (50) United States and the District of Columbia who are twenty-one (21) years of age or older as of date of contribution except that the following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate households (whether related or not) are not eligible for participation: employees, officers, and directors of alcohol beverage retailers. All federal, state, and local regulations apply. Limit one (1) pair of upper level tickets to a single concert per person.

All expenses and travel costs incurred as a result of seeking and/or making use of concert tickets are the sole responsibility of the ticket holder. Any expense or cost not expressly stated in the description of the concert tickets is the sole responsibility of the ticket holder.

To the extent any federal, state, and local taxes, fees, and surcharges are due in connection with this Program, such taxes are the sole responsibility of ticket holder.

VERIFICATION AND NOTIFICATION:

If you successfully complete your contribution transaction you will see a message on the screen that your payment has been processed. You will also receive a follow-up confirmation via e-mail confirming your contribution and telling you how to redeem your concert tickets.

LICENSE AND RELEASE:

By participating and obtaining tickets to a Bruno Mars 24K Magic Tour Concert, all contributors and their guests acknowledge and agree to release and hold harmless Heineken, Indiegogo, Inc., the National Trust for Historic Preservation, the SEAL Legacy Foundation and their respective advertising and promotional agencies, and parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to or from, or participation in the Program, or participation in Program-related activity. Heineken and the National Trust for Historic Preservation shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any other persons providing any services in connection with this Program, including any results thereof, such as changes in services or location necessitated by same. Heineken and the National Trust for Historic Preservation are not responsible if tickets or other perks cannot be delivered due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.

ADDITIONAL TERMS:

Delivery of concert tickets or other perks will require a street address located within the fifty (50) United States or the District of Columbia. The Released Parties assume no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, or communications line failure. The Released Parties are not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any contribution attempt on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation in the Promotion.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Project materials and the terms and conditions set forth here, these guidelines shall prevail, govern and control.

IN NO EVENT WILL THE RELEASED PARTIES INCLUDING HEINEKEN, THE NATIONAL TRUST FOR HISTORIC PRESERVATION OR THE SEAL LEGACY FOUNDATION, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S ACCESS TO, AND USE OF, THE TICKETS.

DISPUTES AND GOVERNING LAW:

The parties waive all rights to trial in any action or proceeding instituted in connection with these Program Terms and Conditions, including, without limitation, any claim based on the Program. Any controversy or claim arising out of, or relating to, these Program Terms and Conditions and/or the Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York.

THESE PROGRAM TERMS AND CONDITIONS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth herein and/or in connection with the entering of any judgment on an arbitration award in connection with these Program Terms and Conditions and/or the Program, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York City, New York. The parties agree not to raise the defense of forum non conveniens.

USE OF DATA:

By participating in the Program, participant hereby agrees to the collection and usage of his/her personal information and acknowledges that he/she has read and accepted Indiegogo Privacy & Policy and Terms of Use. Participants should also review Indiegogo’s Privacy Policy at https://learn.indiegogo.com/privacy-policy-en/ Terms of Use at https://www.indiegogo.com/about/terms, and Cookie Policy at https://learn.indiegogo.com/cookie-policy/.

SPONSOR: HEINEKEN USA Inc., White Plains, NY.