The Kraken® Krak Open Summer 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: The Kraken® Krak Open Summer Sweepstakes (the
“Sweepstakes”).
Sponsor:
Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ
07302 (“Sponsor”).
Administrator:
Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095
(“Administrator”).
Sweepstakes Dates: The Sweepstakes registration begins at
12:00:01 am Eastern Time (“ET”) on April
1, 2022 and ends at 11:59:59 pm ET on September 4, 2022 (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 documented 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: 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 participating
QR code in applicable point of sale materials or visit the Sweepstakes website directly
at www.KrakOpenSummer.com (the “Sweepstakes
Website”) during the Registration Period.
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/pre-recorded/artificial technology.
All entries must be
submitted by 11:59:59p ET on September 4, 2022 to be
eligible. Maximum of one (1) entry per
person per day during the Registration Period.
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 or inaccurate
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, email or address,
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. Personal information collected in connection
with the Sweepstakes will be collected and used in accordance with Sponsor’s
Privacy Policy as posted at proximospirits.com/privacy/.
Winner Selection and Notification: On
or about September 7, 2022, Administrator shall conduct a random prize
drawing from among all eligible entries received to select a maximum total of
one (1) potential winner. If eligible
entries are less than the scheduled number of prizes available, then the
difference between the entries and scheduled number of prizes available shall
not be awarded.
The
eligible entrant whose entry is randomly selected shall be designated as the potential grand prize winner, subject
to verification of eligibility, and compliance with these Official Rules. Only the entrant whose entry is randomly
selected shall be eligible to claim the prize award. All other entries and
submissions received will be disqualified.
The
potential prize winner will be notified initially via phone and/or email
following their selection and determination as the potential winner. Potential winner must follow the provided
instructions to verify eligibility and claim the prize. If the Administrator is unsuccessful in its
attempt to reach the selected potential prize winner or winner fails to respond
as instructed within forty-eight (48) hours of the initial notification attempt
to the 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, the selected potential prize winner must confirm
their eligibility, and indicate their willingness to accept the prize award (see
below). If the 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 prize winner and all matters relating to
this Sweepstakes are final and binding.
The
prize winner shall be required to: (1) complete and submit, within three (3) days
of notification, a prize acceptance form, including affidavit of eligibility
and liability/publicity release (where permitted) and a W-9 form; (2) may be
required to present a copy of a valid driver’s license or government issued
photo ID and valid social security card 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,
and will be issued a 1099 form reflecting the value of the prize award.
Grand Prize Award
(maximum one (1) prize award): The eligible entrant designated as the grand
prize winner shall be awarded the following prize award: Trip for two (2) to Roatan, Honduras with an
approximate retail value (“ARV”) of $5,000.
The prize award includes:
NOTE: winner and guest must have valid passports
with expiration date a minimum of six (6) months from the scheduled return
date. 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 prize award are the sole responsibility of winner.
Travel
dates and boating excursion are based upon availability, and at the sole
discretion of Sponsor, and must be completed by June 30, 2023
or prize shall be forfeit. Sponsor and
Administrator are not responsible for any travel delays, flight delays or
cancellations or travel difficulty related to prize 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 including
any changes due to a Force Majeure Event.
Actual value of the trip will depend on point of departure, and any
airfare fluctuations. Notwithstanding
the fact that the actual value of the grand prize may be lower than the stated ARV,
no difference in value will be awarded to the winner.
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 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.
In
the event winner is unable to travel prior to travel arrangements being booked due
to a Force Majeure Event, Sponsor reserves the right, in its sole discretion,
to extend the deadline for travel beyond June 30, 2023
or to award the winner a cash prize of $5,000.00 as an alternate prize award,
in lieu of the trip, and such cash prize shall be the full and final prize
award.
Travel is subject to
the local regulations, policy and terms and conditions of airline, hotel and departure
and arrival destintation for any COVID-19 testing and/or vaccination
requirements. It shall be the sole
responsibility of winner and guest to provide any required documentation to
vaccination or testing prior to or during travel. All costs associated with vaccination,
testing and quarantine requirements are solely the responsibility of winner and
guest.
General Prize
Conditions: No alcoholic beverage is part of any prize
award. 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 and
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 and Administrator 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 or Administrator’s control (including, without limitation, a Force
Majeure Event), or otherwise. The Sponsor and Administrator disclaims any
liability for entries not received due to technical difficulties or
transmission errors. The Sponsor and Administrator 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 the prize award are dependent upon the total number of eligible
entries received.
Official Rules and Winner
List: For a copy of these Official Rules or the
name of prize winner, send a self-addressed stamped envelope to be received by October
31, 2022 to: The Kraken Krak Open Summer Sweepstakes,
c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
The Kraken®
Black Spiced Rum. 47% alc./vol. (94 proof). ©2022 Proximo. Jersey City, NJ. Like
the deepest sea, The Kraken® should be treated with great respect and
responsibility, so please drink responsibly.