Kraken
Escape 2020 Contest
OFFICIAL
RULES
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING CONTEST 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 CONTEST,
YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND
ADMINISTRATOR. DO NOT PARTICIPATE IN THE
CONTEST IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE
ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Contest Name: Kraken Escape 2020 Contest
(the “Contest”).
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”).
Contest
Dates: Contest
registration begins at 12:00:01 am Eastern Time (“ET”) on December 21, 2020 and ends at 11:59:59 pm ET on December 28, 2020 (the “Registration
Period”), or following receipt of the first two hundred and fifty (250)
eligible entries received, whichever occurs first. Note:
prize awards are available while supplies last (maximum of 250 prize
awards are available). The Contest 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 Contest 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:
employees, officers, and directors of Sponsor, Administrator, and 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 Contest, and the immediate family members or households,
whether or not related, of any of the above. “Immediate family members”
includes, for purposes of this Contest, 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: To participate and enter, you must access your non-private Twitter account on the Twitter
application on a compatible mobile device, tablet or desktop, and then complete
the following steps:
1)
Visit
the Kraken Rum Twitter page (@KrakenRum) (the “Kraken
Twitter Page”) and confirm you are following or follow
the Kraken Twitter Page (in order to verify you
are 21 years of age or older);
2)
Find
the ‘Kraken Escape 2020’ Contest (i.e. the Contest) post regarding the Contest
on the Kraken Twitter Page, and then complete the associated Contest questions;
3)
After fully completing the Contest questions, you will receive a
link to the Contest official website (www.KrakenEscape2020.com). Each
entrant must complete and submit their full name, valid Twitter account handle (that
is currently following the Kraken Twitter Page (i.e., @KrakenRum)),
valid email address, mailing address (including city, state and zip code), phone
number (including area code) and date of birth. Each
entrant must also provide their requested t-shirt size (see below, size
requests based upon availability).
a.
NOTE: Your submitted Twitter account handle will be verified by
Sponsor and must be a valid account following the Kraken Twitter Page in order
to be eligible.
b.
After having read and agreed to these Official Rules, click the
submit button to submit your online entry.
In order to be eligible to win a
prize, you must be one (1) of the first two hundred and fifty (250) eligible people
to complete the steps above, as solely determined by Sponsor.
NOTE: To enter the Contest, you must be an active holder of a non-private
Twitter account. If you wish to
enter 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.
If you enter and participate 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.
All
entries must be submitted by 11:59:59p ET on December 28, 2020 to be
eligible. Maximum of one (1) entry or
prize award per person, Twitter account or household during the entire
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, Twitter account, 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 Twitter accounts, emails, addresses, 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 Contest 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 or address, shall render such entries ineligible.
All entries in the Contest 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 submission
requirements as outlined above, or it may be disqualified and not considered
for the Contest.
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 Contest; 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, or the Twitter account used to participate, 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 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 or
Twitter message or any other form of media to make entrants aware of
information pertinent to the Contest, 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 Contest, 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 Contest and any claims must be
raised and resolved in the United States.
Any information collected by registering and entering the Contest shall
be used only in a manner consistent with these Official Rules and with Sponsor’s
Privacy Policy. By entering the Contest, each entrant agrees that s/he may be
contacted, recorded and/or broadcasted by Sponsor, and that his/her tweet,
comment(s) and/or submission may be used, promoted, released, broadcasted or
published by Sponsor in any manner related to the promotion or advertising of the
Contest.
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 Contest
website in any way or who is otherwise in violation of these Official Rules, as
determined by Sponsor or the Contest 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 CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE CONTEST 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: On or about December 29, 2020, Sponsor shall determine
and designate the first two hundred and fifty (250) eligible entrants, who
completed the entry requirements as outlined above, as potential prize
winners. Determination of the first two
hundred and fifty (250) eligible entrants shall be at the sole discretion of
Sponsor and be based upon the Sponsor’s time clock. 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, Twitter account or household.
Each eligible entrant whose entry is selected and
designated as a potential prizewinner is subject to verification of
eligibility, including validation of their associated Twitter account and
compliance with these Official Rules.
Only the entrants whose entries are determined and selected as one of
the first two hundred and fifty (250) eligible entries received, shall be
eligible to receive the prize award (see below). All other entries and
submissions received will be disqualified.
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 Contest are final and binding.
Prize
Award (maximum two hundred and fifty (250) winners): The first two hundred and fifty (250) eligible
entrants designated as prizewinners shall be awarded the following prize: one
(1) Kraken Rum branded t-shirt, each with an approximate retail value (“ARV”)
of $4.99. Any specified size requests
for a t-shirt by winners are subject to availability. 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 to the
residential address provided at time of registration as outlined above. 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 Contest. 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 Contest 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 Contest, 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 Contest, 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 Contest. 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 Contest, including,
without limitation, errors which may occur in connection with the printing or
advertising of this Contest, administration or execution of the Contest, the
cancellation of the Contest, 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 Contest website.
Sponsor reserves the right to cancel, modify,
or terminate the Contest 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 Contest, 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 Contest as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Contest, 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, each entrant agrees that: (1)
any and all disputes, claims and causes of action arising out of or in
connection with this Contest, 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 Contest, 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 Contest, 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 CONTEST ON AN
“AS IS” AND “AS AVAILABLE” BASIS. THE
SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTEST 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.
Official
Rules & Winners List: For a copy of these
Official Rules, send a self-addressed stamped envelope to be received by January
31, 2021 to: Kraken Escape 2020 Contest, c/o Million Dollar Media, P.O. Box
278, Woodbridge, NJ 07095.
This Contest is not
affiliated with or sponsored, sanctioned or endorsed by or in any way in
association with Twitter. Twitter has no
liability or responsibility for any claim arising in connection with this Contest
or any prize(s) awarded in connection therewith.
The
Kraken®. Rums with Natural Flavors and Caramel Color or Coffee Essence
and Other Natural Flavors. 33.3-47%
Alc./Vol. (66.6-94 proof). ©2021 Kraken Rum Co., Jersey City,
NJ. Like the deepest sea, the Kraken® should be treated with great respect
and responsibility.