#KrakenBlackRoast
Coffee Rum 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) U.S. STATES 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: #KrakenBlackRoast
Coffee Rum Sweepstakes (the “Sweepstakes”).
Sweepstakes
Dates: Sweepstakes
registration begins at 12:00:01 am Eastern Time (ET) on September 29, 2020 and ends at 11:59:59 pm (ET) on October 21, 2020 (the “Registration
Period”). The Sweepstakes is subject to all applicable federal, state and local laws
and regulations. Void outside the
fifty (50) U.S. and D.C., and wherever
prohibited or restricted by law.
Who may Enter: The Sweepstakes is
open only to legal U.S. residents, 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:
(a)
Employees,
officers, and directors of Proximo
Spirits, Inc. (“Sponsor”), Million
Dollar Media (the “Sweepstakes 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 – Four (4) Ways: There are four (4) ways
to enter the Sweepstakes: (1) via Instagram, (2) via Twitter, (3) via comment
on a Kraken Rum social media post regarding the Sweepstakes, or (4) via Online
Entry. These four (4) entry methods are outlined in detail below. There is a maximum of one (1) entry per
person, regardless of method of entry.
All
entries must be submitted by 11:59:59p ET on October 21, 2020 to be
eligible. Maximum of one (1) entry per
person during the entire Registration Period, regardless of method of entry. 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,
Instagram or Twitter account, 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. Each entrant agrees that their submitted entry
may be viewed by the public. 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 submission 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, registration or submission, the
authorized account holder of the email address used to register, or the
Instagram or Twitter account 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. The “authorized account holder” is the
Instagram or Twitter account holder of the account name used to submit the
entry. 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, Instagram
or Twitter message 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 United
States of America apply to and govern this Sweepstakes and any claims must be
raised and resolved in the United States.
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,
post, tweet and/or submission may be used, promoted, released, broadcasted or
published by Sponsor in any manner related to the promotion or advertising of
the Sweepstakes.
General
Submission Requirements:
(a)
Each
entry must be submitted in a format as accepted by Instagram or Twitter or the
registration website;
(b)
Must
be the entrant’s own original creation and not previously submitted in the Sweepstakes;
(c)
Any
entry that is not properly submitted or received for any reason, including any
technical difficulties, upload failures, failures to save or properly store the
entry and/or photo, busy signals, efforts of hackers or any lost or
disconnected Internet connections, will be disqualified.
Additional
Submission Requirements: Sponsor reserves the
right to, in its sole and absolute discretion, disqualify any entry and/or submission
for any reason that it considers to not be appropriate for the Sweepstakes. Entry submission restrictions include, but
are not limited to, the following requirements:
·
may
not include, depict or reference any individual under the age of twenty-one (21),
or that appears to be under the age of twenty-one (21);
·
not
be, or ever have been, previously submitted in the Sweepstakes;
·
except
as relates to the Sponsor’s brand(s) or approved partners, not include
trademarks, logos or copyrighted material not owned by entrant or material that
is used without permission (including, but not limited to, company names,
photographs, works of art or images published on any media) or that otherwise
infringes or violates the rights of any third-party (including, but not limited
to, copyrights, trademarks, patents, trade secrets, logos, contract and
licensing rights, rights of publicity or privacy, moral rights (i.e., “droit
moral”) or any other intellectual property rights);
·
not
feature, display, refer to, or mention any companies or brands in competition
with Sponsor;
·
not
include any unauthorized photos, images, comments or plagiarism of any kind;
·
not
contain or reference nudity, inappropriate, indecent, sexually explicit,
pornographic or obscene content or images (which shall be determined by
Sponsor, in its sole and absolute discretion);
·
not
contain any political or politically themed or motivated messages, comments,
statements or images;
·
not
defame, slander, libel, misrepresent or contain disparaging remarks or any
other content that could adversely affect the name, reputation or goodwill of the
Released Parties or any other individuals and/or entities affiliated or
associated with Sponsor, the Sweepstakes or any prizes, the determination of
which shall remain in the sole discretion of Sponsor;
·
not
depict or include any comments, descriptions or images that may be considered
unlawful, harmful, threatening, violent, abusive, harassing, tortuous,
defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or
racially, religiously, ethnically or otherwise objectionable in any manner as
solely determined by Sponsor;
·
not
be subject to any third-party agreement or require payment or incurrence of any
sums to obtain further permissions of any person or entity as a result of its
use or exploitation of the comment(s), photo, idea or rights therein or
portions, or modified versions or derivative works thereof;
·
not
include any name, likeness, description, photograph or any other identifying
element, in whole or in part, of any person, living or dead, without
permission; and
·
not
depict or describe over consumption or irresponsible consumption of The Kraken®
Rum or any other alcoholic beverage.
Representation and Release of Rights to Sweepstakes Entry
and/or Submission: By submitting any entry, each entrant
represents that s/he has sole and exclusive ownership and proprietary rights of
all content submitted; has full permission of all parties within any photo to
publish and release their images and actions shown within the photo; and agrees
that each entry and/or submission becomes the sole and exclusive property of
Sponsor, and Sponsor may publish, display, promote or utilize the submission,
content and/or photo in any manner of its choosing in relation to the promotion
or advertising of the Sweepstakes or Sponsor.
Entry into the Sweepstakes and upload of any entry, comment and/or photo
constitutes permission for the Sponsor and its designees to use that entrant’s entry,
comment, photo, name, city and state of residence and/or likeness 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. Submissions
will not be acknowledged or returned by Sponsor.
Sponsor reserves the right to request proof
from any entrant, at any time, in a form acceptable to Sponsor, of any
permission required or possibly required to use such entrant’s entry in the
Sweepstakes. Failure to provide such
proof, if requested, may disqualify such entry from the Sweepstakes.
Sponsor reserves the right, in its sole
discretion, to disqualify any individual (and all of his or her entries) who
tampers or attempts to tamper with or abuse the entry process or the Sweepstakes
website in any way or who is otherwise in violation of these Official Rules, as
determined by Sponsor or the Sweepstakes judges appointed by Sponsor in their
sole and absolute discretion. Any
questions regarding the number of entries submitted or the authorized account
holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY
ANY PERSON TO DELIBERATELY DAMAGE ANY SWEEPSTAKES WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW.
Winner
Selection & Notification: On or about 10/23/20,
Sponsor shall conduct a random prize drawing from among all eligible entries
received from all entry methods combined to select a maximum total of (250)
winners. If eligible entries are less
than the scheduled number of prizes available, then associated prize award
shall not be awarded.
·
Note: There is a
maximum of one (1) prize award per person or household.
Each eligible entrant whose entry is randomly
selected shall be designated as a potential
prize winner, subject to verification of eligibility, and compliance with these
Official Rules. Only the entrants whose
entries are randomly selected shall be eligible to claim the prize award. All
other entries and submissions received will be disqualified.
All potential prize winners will be notified
initially by post to their Instagram or Twitter account, or via phone and/or
email following their selection and determination as a potential winner. Potential winners must follow the provided
instructions to verify eligibility and claim the prize. If the Administrator is unsuccessful in its
attempt to reach a selected potential prize winner or winner fails to respond
as instructed within forty-eight (48) hours of the initial notification attempt
to the Instagram or Twitter account or email address or phone number associated
with that entrant’s entry, then that entrant may be disqualified and an
alternate potential prize winner may be randomly selected from among the
remaining eligible entries received and notified as per the procedures outlined
above (time permitting).
During prize winner notification, each selected
potential prize winner must confirm their eligibility, and indicate their willingness
to accept the associated prize award (see below). If a selected winner does not meet the
eligibility requirements, is unable or unwilling to accept the prize or elects
to decline the prize, 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 (time permitting). Any
disqualified entrant will not receive any alternate prize substitution or
compensation. Decisions of the Sponsor and Administrator in the selection and
determination of all prize winners and all matters relating to this Sweepstakes
are final and binding.
Each of the prize
winners shall be required to: (1) complete and submit, within two (2) days of
notification, a prize acceptance form, including affidavit of eligibility and
liability/publicity release (where permitted); (2) may be required to present a
copy of a valid driver’s license or government issued photo ID as a condition
of participating or receiving any prize; and (3) pay all applicable taxes
(including, but not limited to, all local, state and federal taxes) on their
respective prize award.
Prize
Award (maximum 250 winners): Eligible
entrants designated as prize winners shall be awarded the following prize: one
(1) Kraken Black Roast Coffee Rum tumbler, each with an approximate retail
value (“ARV”) of $4.99. Total ARV of all available prize awards: $1,247.50.
General
Prize Conditions:
No alcoholic beverage is part of any
prize award. Prize awards shall be
shipped to winner via the Sponsor designated shipping carrier. Allow eight (8) to twelve (12) weeks for
prize delivery. Once shipped, the
applicable prize shall be considered delivered and Sponsor shall have no
responsibility for any shipment that is delayed, damaged, lost, misdelivered or
stolen. Winner shall look solely to
shipping carrier for any lost, damaged, misdelivered, stolen or delayed
shipment.
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 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 on
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 sole 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 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 addition, by submitting any entry, each entrant transfers any and all of his/her right, title and interest
in and to such entry, including, but not
limited to, any and all copyrights, trademark rights, "moral rights",
and any and all other proprietary rights that may exist throughout the world to
Sponsor, and expressly waives any rights s/he
may have in such submission and/or entry. Each entrant agrees Sponsor is the exclusive owner of all rights in and to such entry and/or submission, and will have the
worldwide, perpetual right to copy, display, reproduce, exhibit, edit, modify,
assign, license, register for copyright or trademark, distribute, sell or
otherwise use and exploit the entry and associated
submission and all elements and/or derivative works thereof, in whole or in
part, alone or with other materials, in any media now known or hereafter
created or devised, for any reason whatsoever, without compensation to
entrant.
IN
CASE OF DISPUTES: By participating, 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: THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON
AN “AS IS” AND “AS AVAILABLE” BASIS. THE
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 being selected as a prize winner are
dependent upon the total number of eligible entries received from all entry
methods combined.
Official
Rules & Winners List: For a copy of these
Official Rules, send a self-addressed stamped envelope to be received by November
30, 2020 to: #KrakenBlackRoast Coffee Rum Sweepstakes, c/o Million Dollar
Media, P.O. Box 278, Woodbridge, NJ 07095.
Sponsor: This Sweepstakes is sponsored by Proximo
Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ 07302.
Sweepstakes
Administrator: The Sweepstakes is administered by Million
Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095.
This Sweepstakes is not
affiliated with or sponsored, sanctioned or endorsed by or in any way in
association with Instagram or Twitter. Instagram
and Twitter have no liability or responsibility for any claim arising in
connection with this Sweepstakes or any prize(s) awarded in connection
therewith.