Kraken Attacks Sweepstakes
Official Rules
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING SWEEPSTAKES IS VALID ONLY IN THE FIFTY (50) UNITED STATES (“U.S.”)
AND DISTRICT OF COLUMBIA (“D.C.”), AND IS OPEN ONLY TO
QUALIFIED PERSONS (AS DEFINED IN THE OFFICIAL RULES BELOW) WHO ARE TWENTY-ONE
(21) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. VOID ELSEWHERE AND WHEREVER PROHIBITED. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU
AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND
ADMINISTRATOR. DO NOT PARTICIPATE IN THE
SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE
ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Sweepstakes
Name: Kraken Attacks Sweepstakes (the “Sweepstakes”).
Sponsor:
Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ
07302 (“Sponsor”).
Administrator:
Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095
(“Administrator”).
Sweepstakes Dates: The Sweepstakes registration begins at
12:00:01 am Eastern Time (“ET”) on May 31,
2022 and ends at 11:59:59 pm ET on September 5, 2022 (the “Sweepstakes
Period”). The Sweepstakes is subject to all applicable federal, state
and local laws and regulations. Void
outside the U.S., and wherever
prohibited or restricted by law.
The
Sweepstakes consists of three (3) parts: (a) a random chance instant win
program (“Instant Win Program”), (b) a random chance regional prize drawing (“Regional
Prize Drawings”); and (c) a random chance grand prize drawing (“Grand Prize Drawing”). Collectively, the Instant Win Program, the Regional
Prize Drawings and the Grand Prize Drawing referred to as the “Sweepstakes”.
Who may Enter: The Sweepstakes is open only to documented residents
of the fifty (50) U.S. and D.C., who are age twenty-one (21) or older as of the
date of entry and have a valid U.S. driver’s license or government issued photo
I.D., except the following persons who are not eligible to enter, participate
or win: employees, officers, and directors of Sponsor, Administrator, each of
their respective franchisees, parents, affiliated companies, subsidiaries,
wholesalers, distributors, alcoholic beverage retailers, printers, advertising
and promotion agencies, and any and all other companies associated with the
design or execution of this Sweepstakes, and the immediate family members or
households, whether or not related, of any of the above. “Immediate family
members” includes, for purposes of this Sweepstakes, parents (including in-laws
and step-parents), grandparents, siblings (including
step-siblings and half-siblings), children (including step-children),
grandchildren (including step grandchildren) and each of their respective
spouses, regardless of where they reside.
How to Enter –
Online Registration: To enter, scan the QR code on
applicable point-of-sale materials to link to www.KrakenAttacks.com (the “Sweepstakes
Website”), or visit the Sweepstakes Website directly (without scanning the
QR code) during the Sweepstakes Period.
Follow the online entry instructions to complete your online entry,
participate in the online game and be included in the Sweepstakes (see
below). Each entrant must fully
complete the online registration page with all required information, including
his/her name, valid email address, phone number (including area code), address (including city, state and zip), date of birth and any other information
requested on the Sweepstakes Website.
After having read and agreed to these Official Rules, click the submit
button to submit your online entry.
By your entry into the
Sweepstakes, you are providing express written consent to Sponsor, Administrator and their respective designees to contact you
with promotional messages using automated technology, including by email, phone
calls and text messages.
All entries must be
submitted by 11:59:59 pm ET on September 5, 2022 to be
eligible. Limit
one (1) entry per person and per valid email address during the Sweepstakes Period. Once registered,
your registered email address may be used to login for return visits to
participate in the online game up to one (1) time per day (see below).
Each entrant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual
or using another person’s name, email, or providing any false information, fake
accounts or duplicate accounts will be disqualified and ineligible to claim any
prize. Any attempt by any entrant to
obtain more than the stated number of entries allowed by using the same or
multiple/different accounts, emails, identities or any other methods void that
entrant's entries and that entrant may be
disqualified. No
mechanically produced or automated entries permitted. Use of
any automated system to participate in the Sweepstakes is prohibited, will
result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts,
including misrepresentation of age, shall render such entries ineligible.
All
entries in the Sweepstakes will become the sole property of Sponsor and will
not be returned. Sponsor reserves the
right to disqualify and remove any entry at any time that is not in compliance
with these Official Rules. All entries
must conform to the entry requirements as outlined above and below, or it may
be disqualified and not considered for the Sweepstakes.
All entries must include all required information. Any entry with incorrect, incomplete
or illegible information or other inaccurate information will be disqualified. Sponsor, Administrator and their respective
equity holders, owners, partners, members, directors, managers, officers,
employees, consultants, contractors, lenders, advisors, sponsors, volunteers,
insurers, agents, attorneys, representatives, successors and assigns (“Released Parties”) are not responsible
for lost, late, misdirected, incorrect, illegible, incomplete, invalid,
unintelligible or damaged entries, or for any entry submitted in a manner that
is not expressly allowed under these Official Rules, or for any entry not
submitted or received due to any technical error or failure, human error,
unauthorized human intervention, inaccurate capture or mis-entry of any
required information, failures, omissions, interruptions, deletions, or defects
of any phone or cellular phone provider, network computer online systems,
computer equipment, servers or software, including any injury or damage to
entrant’s or any other person’s computer relating to or resulting from
participation in this Sweepstakes; or the failure to capture any such
information or effects of hackers or failure of any electronic equipment,
computer, phone line or cellular transmissions and/or network connections; all
of such entries will be disqualified.
In the event
of a dispute as to any entry, the authorized account holder of the email
address used to register, and associated with the
entry will be deemed to be the registrant and s/he must be eligible according
to these Official Rules. The “authorized email account holder” is the natural
person assigned an email address by an Internet access provider, online service
provider or other organization responsible for assigning email addresses for
the domain associated with the submitted address. Proof of being the authorized account holder
may be required.
By participating and
submitting an entry, entrants agree that Sponsor and participating parties are
authorized to contact them via email, mail, phone, or any other form of media
to make entrants aware of information pertinent to the Sweepstakes, and to
distribute information regarding the Sponsor(s) featured products, special
events or promotional offers. Entrants
may opt-out of any further email communication at any time by simply replying
REMOVE to any email message, or following the provided
opt-out instructions. Any available opt-in
opportunities are not required to enter the Sweepstakes, and
checking the opt-in boxes will not improve your chances of winning.
By registering and
submitting an entry, you affirm that you have read and accepted these Official
Rules. The laws of the U.S. apply to and govern
this Sweepstakes and any claims must be raised and resolved in the U.S. Any information collected by registering and
entering the Sweepstakes shall be used only in a manner consistent with these
Official Rules and with Sponsor’s Privacy Policy. By entering the Sweepstakes,
each entrant agrees that s/he may be contacted, recorded and/or broadcasted by
Sponsor, and that his/her comment, may be used, promoted, released, broadcasted or published by Sponsor in any manner related to
the promotion or advertising of the Sweepstakes. Collection and use of information collected
in connection with the Sweepstakes will be in accordance with Sponsor’s Privacy
Policy as posted at proximospirits.com/privacy/.
How to Play – Online
Game: After completing the online registration page (first
time visitors) or logging in with your registered email address (for
return visitors), visit the game play page on the Sweepstakes Website. The game play page will display a city
image. To determine if you are an Instant
Win Program winner (see Instant Win Program prize description as set forth below),
tap the city image where indicated to initiate your
‘Kraken Attacks’ game play attempt.
After
tapping to initiate your ‘Kraken Attacks’ game play attempt on the screen, the
Sweepstakes Website will determine if the participant is a potential Instant Win
Program winner, and the participant shall receive an online message verifying
if they are a potential Instant Win Program winner. If they are not an Instant Win Program winner,
they will receive a non-winning message.
If the participant is determined as a potential Instant Win Program winner,
they will receive a winner confirmation message, AND an
associated unique prize claim code on their results page. If the participant does not receive the winner
confirmation message and a valid unique prize claim code for any reason, or
receives the non-winning results message, then that participant will not be an Instant
Win Program winner for that game play attempt.
Eligible
participants may return to the Sweepstakes Website to play the online Instant
Win Program up to one (1) time per day each day during the Sweepstakes Period. Each ‘day’ shall be defined as occurring
between 12:00:00 am ET to 11:59:59 pm ET, and the Administrator’s time clock
shall be the sole determinant of the eligible time period.
Instant Win Program winners will be
randomly determined throughout the Sweepstakes Period. A maximum total of one hundred (100) Instant
Win Program winners will be randomly determined during the entrie Sweepstakes Period,
based upon randomly selected and predetermined winning dates and times. The first eligible participant who
participates at or following a scheduled winning date and time, shall receive a
winning prize message and unique prize claim code, and shall be eligible to
claim the prize award for that attempt (see
below).
Maximum of one (1) instant
win prize award per person, email address or household during the Sweepstakes Period. After receiving a winning Instant Win Program
message or being determined as an eligible Instant Win Program winner, participants
may not be re-awarded another Instant Win Program during the Sweepstakes Period
to the same individual, email or household.
Claiming a prize
award: Eligible participants receiving an online
winner confirmation message must print or record their unique prize claim code,
and must follow the online instructions provided. Eligible prize winners may be required to
complete and return a prize claim form within two to four (2-4) weeks from
their online notification of being randomly determinated as a potential prize
winner.
Prize
Awards: The maximum number of prize awards available during
the Sweepstakes Period are as listed above.
No more than the advertised number of prizes will be awarded for any
reason. Each prize winner will receive
online instructions for prize redemption, and/or may be contacted by the
Administrator to confirm or coordinate prize delivery. In the
event any scheduled prize is unavailable at time of prize award, Sponsor
reserves the right to substitute an alternate prize of equal or greater value
at its sole discretion.
IMPORTANT: In the event of any technical or programming
errors, tampering, or any error or malfunction of any kind that results in more
than the scheduled number of participants being notified they are a potential prize
winner – then all such claimants shall be placed into a random drawing, and the
actual scheduled number of prize winners as listed above will be randomly
selected from all participants receiving a prize notification or submitting a
prize claim. The maximum number of prize
awards are as listed above, regardless of the number of participants who claim
to have received, or who have actually received an online prize winner notification.
Instant Win Program Prize
Award and Delivery: The available Instant Win Program award
description, number of Instant Win Program prizes available and approximate
retail value (“ARV”) of each prize are as follows:
|
Instant Win Program Prize Award Description |
Max.
# Available |
ARV |
|
Kraken
Rum® Kraken Attacks Limited Edition Glassware,
consisting of one (1) glass |
100 |
$4.99 |
Total aggregate
ARV of all available Instant Win Program awards combined: $499.00.
Grand Prize and Regional Prize
Drawings – Winner Selection and Notification (maximum of one
(1) Grand Prize Drawing winner and eighty-five (85) Regional Prize Drawing winners): Eligible participants will receive
one (1) automatic entry into the Grand and associated Regional Prize Drawing (if
they reside in an eligible State) for completing the online registration and
participating in the online game available on the Sweepstakes Website during
the Sweepstakes Period. Following the conclusion of the Sweepstakes
Period, Sponsor shall conduct the Grand and Regional Prize Drawings on or about
September 8, 2022 from among all eligible entries received, to select a total
of:
NOTE:
There is a maximum of one (1) Regional Prize Drawing award per person or
household.
Each
potential winner will be notified initially by phone following his/her
selection. If Administrator is
unsuccessful in its attempt to reach and speak directly with any selected
potential winner by phone within forty-eight (48) hours of the initial attempt
to the phone number associated with his/her entry, then that contestant may be
disqualified and an alternate potential prize winner may be randomly selected
from among the remaining eligible entries and notified as per the procedures
outlined above (time permitting).
During
winner notification, the selected potential prize winner must confirm their
eligibility, and indicate their willingness to accept the associated prize
award, as designated by Administrator (see below). The potential prize winner will then receive
official notification via email and will be required to complete and return
within three (3) days of receipt of prize acceptance document including
affidavit of eligibility and liability/publicity release form.
If
a selected potential prize winner does not meet the eligibility requirements or
elects to decline the prize, or does not return the required prize claim form
within the required deadline, s/he will be disqualified and, at Sponsor’s
discretion and time permitting, an alternate winner will be randomly selected
from among all remaining eligible entries and notified as per the procedures
outlined above. Any disqualified
contestant will not receive any alternate prize substitution or
compensation.
Each
of the prize winners: (1) shall be required to complete and submit, within two
(2) days of notification, a prize acceptance form, including an affidavit of
eligibility and a liability/publicity release (where permitted); (2) may be
required to present a copy of a valid driver’s license or government issued
photo ID with valid residential address as a condition of participating or
receiving any prize; and (3) shall be required to pay all applicable taxes
(including, but not limited to, all local, state and federal taxes) that may be
or become due in connection with their respective prize award.
Decisions of Sponsor and
Administrator in the selection and determination of prize winners, and all
matters relating to this Sweepstakes are final and binding.
Grand Prize Drawing Award
(Maximum one (1) winner):
The Grand Prize Drawing winner shall receive a trip for two (2) (winner and one (1) guest age twenty-one (21
or older) to Oahu, Hawaii during the Sponsor designated travel dates
(travel dates subject to change, and at Sponsor’s sole determination and
discretion). The Grand Prize Drawing
award has an ARV not to exceed $4,000.00, and includes:
Note: No alcoholic beverage is part of any prize
award. All ground transportation, airport/hotel
transfers, parking, meals, gratuities, checked baggage fees, airline seat
assignment fees, hotel resort fees, travel or departure taxes, incidental
expenses, applicable taxes (including, but not limited to, all local, state and
federal taxes) and any other expenses not specified herein as being included in
the Grand Prize Drawing award are the sole responsibility of winner.
·
NOTE: winner is solely
responsible for any and all required ground transportation, including
transportation to airport(s), parking, and airport/hotel transfers. Prize award does not include any ground
transportation, transfers or parking.
Travel
dates are based upon availability, and must be completed by October 30, 2023 or
the Grand Prize Drawing award may be forfeit.
Sponsor is not responsible for any travel delays, flight delays or
cancellations or travel difficulty related to such award. If travel delays or difficulty prevent
arrival in time for any and all elements of such prize award, Sponsor is not
responsible for awarding any compensation in lieu thereof. The winner and his/her guest must travel
together on the same itinerary. Any
changes to completed travel arrangements, once booked, are the sole
responsibility of the winner, and are solely at the winner’s expense. Actual value of the trip will depend on point
of departure, and any airfare fluctuations.
If actual value of prize is lower than the stated ARV of the Grand Prize
Drawing award when it is procured and fulfilled, then the difference will not
be awarded to the winner.
Grand
Prize Drawing award winner and guest must be of legal age of majority in
his/her state of residence (and at least twenty-one (21)) and will be required
to execute and return a liability/publicity release prior to prize award. Sponsor is not responsible for late, lost,
damaged or stolen luggage. It is
recommended that each winner and travel companion obtain sufficient personal
insurance prior to departure. Winner and
travel companion hereby release Sponsor from any duty to provide, check, or
verify any and all necessary ID’s, passports, visas and tourist cards, birth
certificates, vaccination certificates, and any other travel requirements
(“Personal Documents”). Sponsor shall not
have any responsibility for the replacement of lost or stolen Personal
Documents or tickets, coupons, vouchers, receipts or other documents pertaining
to the prize (“Travel Documents”) once the Travel Documents have been provided
to winner and travel companion.
Winner and
guest, at their own expense, shall be subject to qualifying conditions of
travel including any COVID-19 testing and/or vaccination requirements or policy
of the travel providers and departure and destination location, and are solely
responsible for their behavior while traveling or in attendance at any
associated event or activity, and must follow the instructions and direction of
any associated Staff, and Security, and at all times must behave in an
appropriate and responsible manner. If winner
or any guest fails to comply with or violates the policy of any travel service
provider or venue, behaves in an inappropriate, irresponsible or offensive
manner, or is deemed by staff or security to have violated any travel service
provider or venue policy, be disruptive or to be a security threat in any
manner, the winner and guests may be blocked from travel, ejected from the event,
or ejected from hotel, and shall immediately forfeit any remaining portion of
the prize award.
In
the event winner is unable to travel due to a Force Majeure Event (see below),
Sponsor reserves the right, in its sole discretion, to extend the deadline for
travel beyond October 30, 2023 or to award the winner a cash prize of $4,000.00
as an alternate prize award, in lieu of the trip to Hawaii, and such cash prize
shall be the full and final Grand Prize Drawing award.
Regional Prize Drawing Prize
Awards: Regional Prize Drawing winners shall receive
the associated regional prize award as outlined below, based upon their
eligible State of residence:
AZ
resident Regional Prize winners (maximum five (5) winners):
Each AZ resident regional prize winner shall be awarded: a one (1) night
overnight stay for two (winner and one guest age 21 or older) in Shady Dell in
Bisbee, AZ in a vintage 1947 Chris Craft land yacht suite and dinner for two
(2) at Dot’s Diner, with reservations and prize provided through The Shady Dell
(“prize provider”). Reservation date
based upon availability, and as solely determined and designated by
Sponsor. ARV of each AZ Regional Prize: $500.
Total ARV of all available AZ Regional prizes: $2,500.
CA
resident Regional Prize winners (maximum five (5) winners):
Each CA resident regional prize winner shall be awarded: a guided
snorkeling excursion for two (winner and one guest age 21 or older) on Catalina
Island in the Avalon Dive Park, with reservations and prize provided through
Catalina Divers Supply (“prize provider”).
ARV of each CA Regional Prize: $200. Total ARV of all available CA Regional
prizes: $1,000.
FL
resident Regional Prize winners (maximum five (5) winners):
Each FL resident regional prize winner shall be awarded: a Florida Keys
kayak excursion for two (winner and one guest age 21 or older) in the Florida Keys
National Marine Sanctuary, with reservations and prize provided through Wild
Lime Adventures (“prize provider”). ARV of each FL Regional Prize: $500. Total ARV of all available FL Regional
prizes: $2,500.
GA
resident Regional Prize winners (maximum five (5) winners):
Each GA resident regional prize winner shall be awarded: opportunity to participate
in a Cage Dive with Sharks at the Georgia Aquarium for two (winner and one
guest age 21 or older), with reservations and prize provided through Georgia Aquarium
(“prize provider”). ARV of each GA Regional Prize: $600. Total ARV of all available GA Regional
prizes: $3,000.
IL
resident Regional Prize winners (maximum five (5) winners):
Each IL resident regional prize winner shall be awarded: a private river
cruise for two (winner and one guest age 21 or older), with an opportunity to
captain a Chicago River Boat in the Sponsor designated waterway in the Chicago,
IL metro area, with reservations and prize provided through Chicago Electric
Boats (“prize provider”). ARV of each IL Regional Prize: $500. Total ARV of all available IL Regional
prizes: $2,500.
IN
resident Regional Prize winners (maximum five (5) winners):
Each IN resident regional prize winner shall be awarded: a private guided
kayak excursion for two (winner and one guest age 21 or older) in the Blue
Spring Caverns, with reservations and prize provided through Blue Spring
Caverns (“prize provider”). ARV of each IN Regional Prize: $600. Total ARV of all available IN Regional
prizes: $3,000.
LA
resident Regional Prize winners (maximum five (5) winners):
Each LA resident regional prize winner shall be awarded: opportunity to participate
in the Shreveport Aquarium Art with Sharks program for two (winner and one
guest age 21 or older), with reservations and prize provided through Shreveport
Aquarium (“prize provider”). ARV of each LA Regional Prize: $1,000. Total ARV of all available LA Regional
prizes: $5,000.
MD
resident Regional Prize winners (maximum five (5) winners):
Each MD resident regional prize winner shall be awarded: opportunity to
participate in the ‘Paddle through History’ kayak tour for two (winner and one
guest age 21 or older) in Mallows Bay, MD, with reservations and prize provided
through Atlantic Kayak (“prize provider”).
ARV of each MD Regional Prize: $750. Total ARV of all available MD Regional
prizes: $3,750.
MI
resident Regional Prize winners (maximum five (5) winners):
Each MI resident regional prize winner shall be awarded: opportunity to participate
in the Rescued Sea Turtle Meet & Greet tour for two (winner and one guest
age 21 or older) at VisitSeaLife, with reservations and prize provided through Michigan
Sea Life (“prize provider”). ARV of each MI Regional Prize: $1,000. Total ARV of all available MI Regional
prizes: $5,000.
MO
resident Regional Prize winners (maximum five (5) winners):
Each MO resident regional prize winner shall be awarded: opportunity to participate
in the After Hours Tour of the Arabia Steam Boat Museum for two (winner and one
guest age 21 or older), with reservations and prize provided through Arabia Steam
Boat Museum (“prize provider”). ARV of each MO Regional Prize: $300. Total ARV of all available MO Regional
prizes: $1,500.
NJ
resident Regional Prize winners (maximum five (5) winners):
Each NJ resident regional prize winner shall be awarded: One (1) $500.00 gift card towards a taylor
ham or pork roll egg and cheese breakfast sandwich for brunch for one 1-year,
subject to the terms and conditions of the issuing gift card or gift
certificate issuer. ARV of each NJ Regional Prize: $500. Total ARV of all available NJ Regional
prizes: $2,500.
NC
resident Regional Prize winners (maximum five (5) winners):
Each NC resident regional prize winner shall be awarded: an opportunity
to participate in a Coastal Horseback Riding experience on Hatteras Island for
two (winner and one guest age 21 or older), with reservations and prize provided
through Equine Adventures (“prize provider”).
ARV of each NC Regional Prize: $350. Total ARV of all available NC Regional
prizes: $1,750.
OH
resident Regional Prize winners (maximum five (5) winners):
Each OH resident regional prize winner shall be awarded: opportunity to participate
in an Under the Sea Dinner at the Greater Cleveland Aquarium for two (winner
and one guest age 21 or older), with reservations and prize provided through Greater
Cleveland Aquarium (“prize provider”). ARV of each OH Regional Prize: $650. Total ARV of all available OH Regional
prizes: $3,250.
PA
resident Regional Prize winners (maximum five (5) winners):
Each PA resident regional prize winner shall be awarded: opportunity to participate
in a Private World of Wonder Tour at Wganer Free Institute of Science in
Philadelphia, PA for two (winner and one guest age 21 or older), with
reservations and prize provided through Wagner Free Institute (“prize provider”). ARV
of each PA Regional Prize: $1,000. Total
ARV of all available PA Regional prizes:
$5,000.
TX
resident Regional Prize winners (maximum five (5) winners):
Each TX resident regional prize winner shall be awarded: opportunity to participate
in a Snorkel with the Sharks experience at the Texas State Aquarium for two
(winner and one guest age 21 or older), with reservations and prize provided
through Texas State Aquarium (“prize provider”). ARV
of each TX Regional Prize: $200. Total
ARV of all available TX Regional prizes:
$1,000.
VA
resident Regional Prize winners (maximum five (5) winners):
Each VA resident regional prize winner shall be awarded: opportunity to participate
in a Behind the Scenes Experience with Sharks or Komodo Dragons at the Virginia
Aquarium for two (winner and one guest age 21 or older), with reservations and
prize provided through Virginia Aquarium (“prize provider”). ARV of
each VA Regional Prize: $1,000. Total
ARV of all available VA Regional prizes:
$5,000.
WA
resident Regional Prize winners (maximum five (5) winners):
Each WA resident regional prize winner shall be awarded: a private Sailboat
Cruise for two (winner and one guest age 21 or older), on Seattle’s Tall Ship
in the Puget Sound departing from the Seattle, WA downtown waterfront, with
reservations and prize provided through Seattle’s Tall Ship (“prize provider”). ARV
of each WA Regional Prize: $1,000. Total
ARV of all available WA Regional prizes:
$5,000.
NOTE: No
other costs or expenses are included with any Regional prize award except as
expressly listed above, including any associated transportation, accommodations,
parking costs, meals or incidental expenses. Transportation,
parking and accommodations are NOT provided as part of the prize award. Winner and guest are solely responsible for all
necessary transportation, parking and accommodation arrangements, subject to availability. Sponsor is not responsible for any travel
delays or difficulty, and no additional prize substitution or compensation will
be provided by Sponsor in event travel disruptions prevent attending any part or
all of event.
All regional prize awards are subject to each prize
providers terms and conditions, as applicable.
All reservation dates based upon availability, and as solely determined
and designated by Sponsor. Certain black
out dates may apply. Sponsor not
responsible for any cancellation or rescheduling of any activity date for any
reason, including due to weather. Winner
shall be subject to terms and conditions of any cancellation or rescheduling
policy of associated prize provider. Winner and guest, at their own expense, shall be subject to qualifying
conditions of participation in any excursion, event or activity including
completion of any liability release waivers as required by prize provider, and
any COVID-19 testing and/or vaccination requirements or policy of the prize
providers, and are solely responsible for their behavior while in attendance or
participating at any associated excursion, event or activity, and must follow
the instructions and direction of any associated Staff, and Security, and at all
times must behave in an appropriate and responsible manner. If winner or any guest fails to comply with
or violates the policy of any prize provider, behaves in an inappropriate, irresponsible
or offensive manner, or is deemed by staff or security to have violated any prize
provider policy, be disruptive or to be a security threat in any manner, the
winner and guest may be blocked from participation, or ejected from the excursion,
event or activity, and shall immediately forfeit any remaining portion of the
prize award. ARV of all
available Regional Prize Drawing awards combined: $53,250.
General Prize
Conditions: No alcoholic beverage is part of any prize
award. Prize awards (where
applicable) shall be shipped to winner’s residential address as provided at the
time of entry and/or winner notification via USPS or other Sponsor designated
shipping/mail carrier. Allow eight to
twelve (8-12) weeks for prize delivery.
Once shipped, the prize shall be considered awarded, delivered and
fulfilled, and Sponsor shall have no responsibility for any shipment that is
delayed, damaged, lost, misdelivered, undelivered or stolen, or or any
incorrect shipping address provided by winner.
In the event of any delivery issues, prize award shall not be replaced
or substituted with any alternate prize award or compensation. Winner shall look solely to shipping carrier
for any lost, damaged, misdelivered, undelivered, stolen or delayed shipment. ARV of all available prize awards combined: $57,749.
All
other costs and expenses related to prize acceptance, delivery, redemption or
use not specified herein as being provided are the sole responsibility of
winner. All income, federal, state and
local taxes are the winner’s sole responsibility. All prizes are awarded as is, without any
warranty, express or implied, by Sponsor.
All prize awards are non-transferable and no cash redemption or prize
substitution allowed, except at Sponsor’s sole discretion or as provided
herein. Sponsor reserves the right to
substitute a prize with one (1) of comparable or greater value, at its sole
discretion. Failure
to collect or properly claim prize in accordance with these Official Rules will
result in forfeiture of the prize. If
forfeited for any reason, entrant will not receive any other prize substitution
or compensation, and the prize will
remain the property of Sponsor and will not be awarded, except as provided herein. All properly
claimed prizes will be awarded. Any
unclaimed prizes will not be awarded.
Additional Rules & Restrictions: By
participating, entrants agree to abide by and be bound by the Official Rules
and the decisions of the Sponsor and Administrator, which shall be final in all
matters relating to this Sweepstakes. In
the event an entrant wins a prize, and is later found to be in violation of
these Official Rules, he/she will be required to forfeit the prize or to
reimburse Sponsor for the stated ARV of the prize if such violation is
discovered after winner has used the prize.
Participation in the Sweepstakes constitutes permission for the Sponsor
and its designees to use entrants’ names, cities and states of residence and/or
likenesses for purposes of advertising and trade in any and all media now or
hereafter known worldwide in perpetuity without limitation or further
compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or
acts shall render entrants ineligible for any prize.
By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including, but not limited to, death), damages,
losses or expenses arising out of or relating to entrant’s participation in
this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or
participation in prize-related activities (including, but not limited to,
travel or activity related thereto), and to assume all liability therefor.
Released
Parties shall not be liable to winner or any other person for failure to supply
the prize or any part thereof by reason of any Force Majeure Event. The term “Force Majeure Event” as used herein
shall mean, without limitation, the following:
acts of God; strikes, lockouts or other labor or industrial
disturbances; acts of public enemies; war; cyber-attack; orders or restraints
of any kind from any governmental, civil or military authority or from any of
its departments, agencies or officials (except when such governmental action
results from a party’s failure or refusal to comply with any applicable law,
rule, or regulation); insurrections; riots; power failure or surges; landslides;
earthquakes; fires; storms; lightning; droughts; floods; explosions; pest
damage; viruses; plagues; diseases; epidemics; pandemics; acts or omissions of
communications or other carriers; and any other cause or event not reasonably
within the control of the Released Parties.
Entrants are restricted to use of
ordinary and typical computer equipment, mobile phone equipment, Internet
access and cellular networks. Sponsor disclaims all liability for the inability
of an entrant to complete or continue an entry due to equipment malfunction,
busy lines, inadvertent disconnections, acts beyond the Sponsor’s control
(including, without limitation, a Force Majeure Event), or otherwise. The
Sponsor disclaims any liability for entries not received due to technical difficulties
or transmission errors. The Sponsor disclaims all liability for any delays,
mis-delivery, loss or failure in the delivery of any item sent by mail,
courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for
mechanical, technical, electronic, communications, telephone, computer,
hardware or software errors, malfunctions or failures of any kind, including:
failed, incomplete, garbled or delayed transmission of online entries, traffic
congestion on telephone lines, the Internet or at any website or lost or
unavailable network connections which may limit an online entrant's ability to
participate in the Sweepstakes, and any injury or damage to entrant’s or any
other person’s computer or mobile phone related to or resulting from
participating in or downloading any information necessary to participate in the
Sweepstakes. Released Parties are not
responsible for any other errors of any kind, whether computer, technical,
typographical, printing, human or otherwise, relating to or in connection with
the Sweepstakes, including, without limitation, errors which may occur in
connection with the printing or advertising of this Sweepstakes, administration
or execution of the Sweepstakes, the cancellation of the Sweepstakes, the
processing of entries or in the announcement of the prizes or prize
winners. Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering with the
entry process or the operation of the Sweepstakes website.
Sponsor
reserves the right to cancel, modify, or terminate the Sweepstakes for any
reason, including, but not limited to, fraud, misconduct, regulatory
requirement, Force Majeure Event or as required by applicable law, or if any
technical failures, internet difficulty or programming error destroy or
threaten the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator,
or if a computer virus, bug, or other technical problem corrupts the
administration, security, or proper conduct of the Sweepstakes as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Sweepstakes, Sponsor reserves the right to determine any prize
winners from among all eligible, non-suspect entries received as of the time/date
of such termination.
IN CASE OF DISPUTES: By
participating in this Sweepstakes, each entrant agrees that: (1) any and all
disputes, claims and causes of action arising out of or in connection with this
Sweepstakes, or any prizes awarded, shall be resolved individually, without
resort to any form of class action, and any judicial proceeding shall take
place in a federal or state court within the State of New York in the County of
New York; (2) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, and in no event shall entrant be entitled to receive
attorneys' fees or other legal costs; and, (3) under no circumstances, shall
entrant be permitted to obtain awards for, and entrant hereby waives all rights
to claim, punitive, incidental and consequential damages, and any other
damages, other than for actual out-of-pocket expenses, and any and all rights
to have damages multiplied or otherwise increased. All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of entrant and Sponsor in
connection with this Sweepstakes, shall be governed by, and construed in
accordance with the laws of the State of New York, without giving effect to any
choice of law or conflict of law rules or provisions (whether of the State of
New York or any other jurisdiction), that would cause the application of the
laws of any jurisdiction other than the State of New York.
DISCLAIMER OF WARRANTIES:
SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE”
BASIS. SPONSOR DOES NOT REPRESENT OR
WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (1) WILL BE
UNINTERRUPTED OR SECURE; (2) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS;
OR (3) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE RELEASED PARTIES MAKE NO WARRANTIES OTHER
THAN THOSE MADE EXPRESSLY IN THESE OFFICIAL RULES, AND HEREBY DISCLAIM ANY AND
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Odds: Odds
of winning a prize award are dependent upon the total number of eligible
entries received (for each prize drawing), and the number of times an entrant
participates in the instant win game.
Official Rules & Winners
List: For a copy of these Official Rules, send a self-addressed
stamped envelope to be received by October 15, 2022 to: Kraken Attacks
Sweepstakes, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.
©2022
Kraken Rum Co., Jersey City, NJ. Like the deepest sea, the Kraken® should
be treated with great respect and responsibility.