Kraken
Rum #GetKraken Sweepstakes
OFFICIAL
RULES
NO PURCHASE NECESSARY
TO ENTER OR WIN. MAKING A PURCHASE DOES
NOT IMPROVE CHANCES OF WINNING. THE
FOLLOWING SWEEPSTAKES IS VALID ONLY IN THE FIFTY (50) 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 SWEEPSTAKES,
YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND
ADMINISTRATOR. DO NOT PARTICIPATE IN THE
SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE
ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Sweepstakes Name: Kraken Rum #GetKraken Sweepstakes
(the “Sweepstakes”).
Sweepstakes
Dates: Sweepstakes
registration begins at 12:00:01 am Eastern Time (ET) on 5/26/20 and ends at 11:59:59 pm (ET) on 8/2/20 (the “Registration Period”).
The Sweepstakes shall consist of three (3) separate entry periods (each,
an “Entry Period”), each with separate entry requirements, as outlined
below. The Sweepstakes is subject to all applicable federal, state and local laws
and regulations. Void outside the
fifty (50) U.S. states and D.C. of the United States of America, and wherever prohibited or restricted by law.
|
Entry Period |
Registration Dates |
Entry Challenge (see entry details
below) |
|
Period 1 |
5/26/20 – 6/7/20 |
Kraken Zoom Background |
|
Period 2 |
6/22/20 – 7/5/20 |
Krak the Code – Kraken Glow
in the Dark Puzzle |
|
Period 3 |
7/20/20 – 8/2/20 |
Kolor the Kraken – Kraken
Coloring Book |
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, LLC (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 – Three (3) Ways: There are three (3)
ways to enter the Sweepstakes: (1) via Instagram, (2) via Twitter, or (3) via
Online Entry. These three entry methods are outlined in detail below. You must submit an entry during each Entry
Period’s Registration Dates to be eligible to win for the applicable Entry
Period. There is a maximum of one
(1) entry per person, per Entry Period, regardless of method of entry. Each entrant may submit up to a total of three
(3) entries during the entire Sweepstakes Registration Period, one per Entry Period.
During each Entry Period, entrants must submit
an entry based upon the associated entry requirements for that Entry Period as
outline below.
|
Entry Period |
Entry Challenge |
|
Period 1 (5/26/20– 6/7/20) |
Step 1: Download a Kraken Zoom Background
available during the Entry Period at www.BetterGetKraken.com; Step 2: Take a screenshot using an available
Kraken Zoom Background on Zoom; Step 3: Post the image on Twitter or
Instagram using the Sweepstakes hashtags (see below) with any optional
comment or tweet describing your image, or submit your photo directly via the
online entry registration page and complete the registration requirement outlined
below. |
|
Period 2 (6/22/20– 7/5/20) |
Post or Tweet using the Sweepstakes hashtags
(see below), including any optional comment about why you want a Kraken All
Black Ink Puzzle, or visit the online entry registration page and complete
the registration per requirements outlined below. |
|
Period 3 (7/20/20– 8/2/20) |
Post or Tweet using the Sweepstakes hashtags
(see below), including any optional comment about why you want a Kraken
Coloring Book, or visit the online entry registration page and complete the registration
per requirements outlined below. |
Entries
must be submitted within the designated Entry Period to be eligible to win for the
associated Entry 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, 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.
Any individuals included in a photo submission,
must be age twenty-one (21) or older and must provide entrant with express
consent and permission for their images to be included and submitted in the Sweepstakes,
and such entrant is solely responsible for obtaining all authorizations or
approvals. The individual who submitted
the photo shall be designated as the official entrant participating in the Sweepstakes,
regardless of any other individuals included in the photo, and shall be the
only individual eligible for any resulting prize award (see below). Any entry completed and submitted on behalf
of another individual or using another person’s name, email, Instagram or
Twitter account or use of any unauthorized photo submissions or entries will be
disqualified.
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 and/or photo 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 and/or photo 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 and/or photo 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 Photo Submission: By submitting any entry
and/or photo, each entrant represents that s/he has sole and exclusive
ownership and proprietary rights of all content and photo images 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
photo submission becomes the sole and exclusive property of Sponsor, and Sponsor
may publish, display, promote or utilize the submission 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 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.
Prize
Drawings – Winner Selection & Notification:
Sponsor
shall conduct a series of random prize drawings (one (1) per Entry Period)
from among all eligible entries received from all entry methods combined to
select the associated number of winners for each Entry Period as outlined below. The winner selection dates for each Entry
Period shall occur on or about the dates as outlined below:
|
Entry Period |
Winner Selection Date |
# of Winners |
Entry Challenge |
|
Period 1 (5/26/20–
6/7/20) |
On or about 6/9/20 |
121 total winners |
Kraken Zoom Background |
|
Period 2 (6/22/20–
7/5/20) |
On or about 7/7/20 |
430 total winners |
Krak the Code – Kraken Glow in the Dark Puzzle |
|
Period 3 (7/20/20–
8/2/20 |
On or about 8/4/20 |
390 total winners |
Kolor the Kraken – Kraken Coloring Book |
Note:
There is a maximum of one (1) prize award per person or household during
each Entry Period. A maximum of twenty (20)
prizes shall be available to be awarded to residents from any individual U.S. state
or D.C. during each Entry Period drawing.
If eligible entries are less than the scheduled number of prizes
available for any Entry Period, then associated prize award(s) for that Entry
Period shall not be awarded.
Each eligible entrant whose entry is randomly
selected shall be designated as a potential
prize winner (see associated prize award descriptions below for each Entry
Period), 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 associated prize
award for that Entry Period. All other entries and submissions received for
that Entry Period 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. 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 and ability to accept the associated prize award for their Entry
Period (see below). Each potential prize
winner will then receive official notification via email delivery, or as
otherwise instructed by Sponsor. 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: (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) present a copy of a valid
social security card and a valid driver’s license 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 – Entry Period 1 (maximum 121 winners): Eligible entrants designated as prize winners
for Entry Period 1 shall be awarded the following prize: The Kraken® Rum
branded headphones, with an approximate retail value (“ARV”) of $160.00 each. Total ARV of all available Entry Period 1
prize awards: $19,360.00.
Prize
Award – Entry Period 2 (maximum 430 winners): Eligible entrants designated as prize winners
for Entry Period 2 shall be awarded the following prize: The Kraken® Rum branded All Black Ink
puzzle. ARV: $40.00 each. Total ARV of all available Entry Period 2
prize awards: $17,200.00.
Prize
Award – Entry Period 3 (maximum 390 winners): Eligible entrants designated as prize winners
for Entry Period 3 shall be awarded the following prize: The Kraken® Rum
branded coloring book. ARV: $5.00
each. Total ARV of all available Entry
Period 3 prize awards: $1,950.00.
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. ARV of all available prize awards: $38,510.00.
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.
DISCLAIMER
OF WARRANTIES: THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON
AN “AS IS” AND “AS AVAILABLE” BASIS. THE
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 being selected as a prize winner are
dependent upon the total number of eligible entries received from all entry
methods combined for each Entry Period.
Official
Rules & Winners List: For a copy of these
Official Rules, or name of prize winners, send a self-addressed stamped
envelope to be received by 9/15/20 to: Kraken Rum #GetKraken Sweepstakes, c/o
Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting,
official rules or winners list.
Sponsor: This Sweepstakes is sponsored by Proximo
Spirits, Inc., 333 Washington Street, 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.