Kraken Escape 2020 Contest
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.
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.
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.