Kraken Attacks Sweepstakes
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, LLC, P.O. Box 278, Woodbridge, NJ 07095 (“Administrator”).
Sweepstakes Dates: The Sweepstakes registration begins at 12:00:01 am Eastern Time (“ET”) on May 1, 2021 and ends at 11:59:59 pm ET on September 6, 2021 (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 Drawing”); and (c) a random chance grand prize drawing (“Grand Prize Drawing”). Collectively, the Instant Win Program, the Regional Prize Drawing 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 6, 2021 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.
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 is 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 thousand (1,000) 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
Kraken Rum® Kraken Attacks Limited Edition Glassware, consisting of one (1) glass
Total aggregate ARV of all available Instant Win Program awards combined: $4,990.00.
Grand and Regional Prize Drawings – Winner Selection and Notification (maximum of one (1) Grand Prize Drawing winner and ten (10) Regional Prize Drawing winners): Eligible participants will receive one (1) automatic entry into the Grand and Regional Prize Drawings 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 9, 2021 from among all eligible entries received, to select a total of:
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 $6,500.00, and includes:
Note: No alcoholic beverage is part of any prize award. Maximum ARV of the Grand Prize Drawing award: $6,500.00. 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, 2022 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.
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, 2022 or to award the winner a cash prize of $5,000.00 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 Award (Maximum ten (10) winners): Each Regional Prize Drawing winner shall receive:
ARV of each Regional Prize Drawing Award: $500.00. ARV of all available Regional Prize Drawing awards combined: $5,000.00.
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.
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, 2021 to: Kraken Attacks Sweepstakes, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095.
©2021 Kraken Rum Co., Jersey City, NJ. Like the deepest sea, the Kraken® should be treated with great respect and responsibility.