#KrakenBlackRoast Coffee Rum Sweepstakes





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.


  1. Instagram: To enter via Instagram, access the Instagram application on your compatible mobile device, and confirm you are following or follow @KrakenRum (in order to verify you are 21 years of age or older).  Then, during the Registration Period, post the ‘Squid’ and ‘Coffee’ Emojis, tag @KrakenRum, and include the hashtags #KrakenBlackRoast #Sweepstakes.  You must submit your post through your own public Instagram account.  NOTE: To enter the Sweepstakes through this method, you must be an active holder of a non-private Instagram account (holders of private accounts may not enter using this method).  If you do not have the Instagram application, you may download it through the application store on your mobile device. The Instagram application is free, and Instagram’s Terms of Use apply. For details, visit http://instagram.com/legal/terms/. Submissions will appear on Instagram under the Sweepstakes hashtag.  If you enter using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. 


  1. Twitter: To enter via Twitter, access the Twitter application on your compatible mobile device, tablet or desktop, and confirm you are following or follow @KrakenRum (in order to verify you are 21 years of age or older).  Then, during the Registration Period, tweet the ‘Squid’ and ‘Coffee’ Emojis, tag @KrakenRum, and use the hashtag #KrakenBlackRoast #Sweepstakes.  You must submit your tweet through your own public Twitter account.  NOTE: To enter the Sweepstakes through this method, you must be an active holder of a non-private Twitter account (i.e., you must make sure your tweets are set to “public” and not “private”).  If you wish to enter via Twitter and do not have a Twitter account, you may create one by visiting www.twitter.com. Twitter accounts are free, and Twitter’s Terms of Use apply. For details, visit http://twitter.com/tos. Submitted tweets will appear on Twitter under the Sweepstakes hashtag.  If you enter using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.


  1. Comment on Kraken Rum Social Media Post:  During the Registration Period, find a post regarding the Sweepstakes on Kraken Rum’s Instagram or Twitter account (@KrakenRum), then comment on the post including the ‘Squid’ and ‘Coffee’ Emojis.


  1. Online Entry: Visit www.KrakenBlackRoast.com  during the Registration Period.  Visit the registration page and follow the online instructions to complete the online registration form with all required information, including your name, valid email address, phone number (including area code), state of residence and date of birth.  After having read and agreed to these Official Rules, click the submit button to submit your online 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.




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.