Proximo Spirits – Kraken Attacks – Win a trip for two (2) (winner and one (1) guest age twenty-one (21 or older) to Oahu

Kraken Attacks 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) UNITED STATES (“U.S.”)
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 Attacks Sweepstakes (the “Sweepstakes”).

 

Sponsor: 
Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ
07302 (“Sponsor”).

 

Administrator: 
Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095
(“Administrator”).

 

Sweepstakes Dates: The Sweepstakes registration begins at
12:00:01 am Eastern Time (“ET”) on May 1,
2021 and ends at 11:59:59 pm ET on September
6, 2021 (the “Sweepstakes Period”). 
The Sweepstakes is subject to
all applicable federal, state and local laws and
regulations.  Void outside the
U.S., and wherever prohibited or
restricted by law. 

 

The
Sweepstakes consists of three (3) parts: (a) a random chance instant win
program (“Instant Win Program”), (b) a random chance regional prize drawing (“Regional
Prize Drawing”); and (c) a random chance grand prize drawing (“Grand Prize Drawing”).  Collectively, the Instant Win Program, the Regional
Prize Drawing and the Grand Prize Drawing referred to as the “Sweepstakes”.

 

Who may Enter:  The Sweepstakes is open only to documented residents
of the fifty (50) U.S. and D.C., who are age twenty-one (21) or older as of the
date of entry and have a valid U.S. driver’s license or government issued photo
I.D., except the following persons who are not eligible to enter, participate
or win: employees, officers, and directors of Sponsor, Administrator, each of
their respective franchisees, parents, affiliated companies, subsidiaries,
wholesalers, distributors, alcoholic beverage retailers, printers, advertising
and promotion agencies, and any and all other companies associated with the
design or execution of this Sweepstakes, and the immediate family members or
households, whether or not related, of any of the above. “Immediate family
members” includes, for purposes of this Sweepstakes, parents (including in-laws
and step-parents), grandparents, siblings (including step-siblings and
half-siblings), children (including step-children), grandchildren (including
step grandchildren) and each of their respective spouses, regardless of where
they reside.

Note:  The Instant Win Program is open to all
eligible entrants, excluding residents of NJ; the Regional Prize Drawing
is open only to eligible entrants who are residents of NJ; and the Grand Prize
Drawing is open to all eligible entrants.

 

How to Enter –
Online Registration: To enter, scan the QR code on
applicable point-of-sale materials to link to www.KrakenAttacks.com (the “Sweepstakes
Website”), or visit the Sweepstakes Website directly (without scanning the
QR code) during the Sweepstakes Period. 
Follow the online entry instructions to complete your online entry,
participate in the online game and be included in the Sweepstakes (see
below).  Each entrant must fully
complete the online registration page with all required information, including
his/her name, valid email address, phone number (including area code), address (including city, state and zip),
date of birth and any other information requested on the Sweepstakes Website.  After having read and agreed to these
Official Rules, click the submit button to submit your online entry. 

 

By your entry into the
Sweepstakes, you are providing express written consent to Sponsor, Administrator and their respective designees to contact you
with promotional messages using automated technology, including by email, phone
calls and text messages.

 

All entries must be
submitted by 11:59:59 pm ET on September 6, 2021 to be eligible.  Limit one (1) entry
per person and per valid email address during the Sweepstakes Period.  Once registered,
your registered email address may be used to login for return visits to
participate in the online game up to one (1) time per day (see below). 

 

Each entrant must submit an entry on his/her own behalf.  Any entry submitted on behalf of another individual
or using another person’s name, email, or providing any false information, fake
accounts or duplicate accounts will be disqualified and ineligible to claim any
prize.  Any attempt by any entrant to
obtain more than the stated number of entries allowed by using the same or
multiple/different accounts, emails, identities or any
other methods void that entrant’s entries and that entrant may be disqualified.
No mechanically produced or
automated entries permitted.  Use of any automated system to participate
in the Sweepstakes is prohibited, will result in disqualification and all such
entries will be deemed void.  False
and/or deceptive entries or acts, including misrepresentation of age, shall
render such entries ineligible.

 

All
entries in the Sweepstakes will become the sole property of Sponsor and will
not be returned.  Sponsor reserves the
right to disqualify and remove any entry at any time that is not in compliance
with these Official Rules.  All entries
must conform to the entry requirements as outlined above and below, or it may
be disqualified and not considered for the Sweepstakes. 

 

All entries must include all required information.  Any entry with incorrect, incomplete
or illegible information or other inaccurate information will be disqualified.  Sponsor, Administrator and their respective
equity holders, owners, partners, members, directors, managers, officers,
employees, consultants, contractors, lenders, advisors, sponsors, volunteers,
insurers, agents, attorneys, representatives, successors and assigns (“Released Parties”) are not responsible
for lost, late, misdirected, incorrect, illegible, incomplete, invalid,
unintelligible or damaged entries, or for any entry submitted in a manner that
is not expressly allowed under these Official Rules, or for any entry not
submitted or received due to any technical error or failure, human error,
unauthorized human intervention, inaccurate capture or mis-entry of any
required information, failures, omissions, interruptions, deletions, or defects
of any phone or cellular phone provider, network computer online systems,
computer equipment, servers or software, including any injury or damage to
entrant’s or any other person’s computer relating to or resulting from
participation in this Sweepstakes; or the failure to capture any such
information or effects of hackers or failure of any electronic equipment,
computer, phone line or cellular transmissions and/or network connections; all
of such entries will be disqualified.  

 

In the event
of a dispute as to any entry, the authorized account holder of the email
address used to register, and associated with the entry will be deemed to be
the registrant and s/he must be eligible according to these Official Rules. The
“authorized email account holder” is the natural person assigned an email
address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain
associated with the submitted address.  Proof
of being the authorized account holder may be required.

 

By participating and
submitting an entry, entrants agree that Sponsor and participating parties are
authorized to contact them via email, mail, phone, or any other form of media
to make entrants aware of information pertinent to the Sweepstakes, and to
distribute information regarding the Sponsor(s) featured products, special
events or promotional offers.  Entrants
may opt-out of any further email communication at any time by simply replying
REMOVE to any email message, or following the provided
opt-out instructions.  Any available opt-in
opportunities are not required to enter the Sweepstakes, and
checking the opt-in boxes will not improve your chances of winning. 

 

By registering and
submitting an entry, you affirm that you have read and accepted these Official
Rules.  The laws of the U.S. apply to and govern
this Sweepstakes and any claims must be raised and resolved in the U.S.  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, may be used, promoted, released, broadcasted
or published by Sponsor in any manner related to the promotion or advertising
of the Sweepstakes.  Collection and use
of information collected in connection with the Sweepstakes will be in
accordance with Sponsor’s Privacy Policy as posted at proximospirits.com/privacy/.

 

How to Play – Online
Game:  After completing the online registration page (first
time visitors) or logging in with your registered email address (for
return visitors), visit the game play page on the Sweepstakes Website.  The game play page will display a city
image.  To determine if you are an Instant
Win Program winner (see Instant Win Program prize description is set forth below),
tap the city image where indicated to initiate your ‘Kraken Attacks’ game play
attempt. 

 

After
tapping to initiate your ‘Kraken Attacks’ game play attempt on the screen, the
Sweepstakes Website will determine if the participant is a potential Instant Win
Program winner, and the participant shall receive an online message verifying
if they are a potential Instant Win Program winner.  If they are not an Instant Win Program winner,
they will receive a non-winning message. 
If the participant is determined as a potential Instant Win Program winner,
they will receive a winner confirmation message, AND an
associated unique prize claim code on their results page.  If the participant does not receive the winner
confirmation message and a valid unique prize claim code for any reason, or
receives the non-winning results message, then that participant will not be an Instant
Win Program winner for that game play attempt. 

 

Eligible
participants may return to the Sweepstakes Website to play the online Instant
Win Program up to one (1) time per day each day during the Sweepstakes Period.  Each ‘day’ shall be defined as occurring
between 12:00:00 am ET to 11:59:59 pm ET, and the Administrator’s time clock
shall be the sole determinant of the eligible time period.

 

Instant Win Program winners will be
randomly determined throughout the Sweepstakes Period.  A maximum total of one thousand (1,000)
Instant Win Program winners will be randomly determined during the entrie Sweepstakes
Period, based upon randomly selected and predetermined winning dates and
times.  The first eligible participant
who participates at or following a scheduled winning date and time, shall
receive a winning prize message and unique prize claim code, and shall be
eligible to claim the prize award for that attempt (see below). 

 

Maximum of one (1) instant
win prize award per person, email address or household during the Sweepstakes Period.  After receiving a winning Instant Win Program
message or being determined as an eligible Instant Win Program winner, participants
may not be re-awarded another Instant Win Program during the Sweepstakes Period
to the same individual, email or household. 

Note:  Instant Win Program winners shall still
be eligible for the Grand Prize Drawing.

 

Claiming a prize
award:  Eligible participants receiving an online
winner confirmation message must print or record their unique prize claim code, and must follow the online instructions provided.  Eligible prize winners may be required to
complete and return a prize claim form within two to four (2-4) weeks from
their online notification of being randomly determinated as a potential prize
winner. 

 

Prize
Awards:  The maximum number of prize awards available during
the Sweepstakes Period are as listed above. 
No more than the advertised number of prizes will be awarded for any
reason.  Each prize winner will receive
online instructions for prize redemption, and/or may be contacted by the
Administrator to confirm or coordinate prize delivery.  In the
event any scheduled prize is unavailable at time of prize award, Sponsor
reserves the right to substitute an alternate prize of equal or greater value
at its sole discretion. 

 

IMPORTANT:  In the event of any technical or programming
errors, tampering, or any error or malfunction of any kind that results in more
than the scheduled number of participants being notified they are a potential prize
winner – then all such claimants shall be placed into a random drawing, and the
actual scheduled number of prize winners as listed above will be randomly
selected from all participants receiving a prize notification or submitting a
prize claim.  The maximum number of prize
awards are as listed above, regardless of the number of participants who claim
to have received, or who have actually received an
online prize winner notification.

 

Instant Win Program Prize
Award and Delivery:  The available Instant Win Program award
description, number of Instant Win Program prizes available and approximate
retail value (“ARV”) of each prize are as follows: 

Instant Win Program Prize Award Description

Max.
# Available

ARV

Kraken
Rum®  Kraken
Attacks Limited Edition Glassware, consisting of one (1) glass

1,000

$4.99

 

Total aggregate
ARV of all available Instant Win Program awards combined: $4,990.00.

 

Grand and Regional Prize
Drawings – Winner Selection and Notification (maximum of one
(1) Grand Prize Drawing winner and ten (10) Regional Prize Drawing winners):  Eligible participants will receive
one (1) automatic entry into the Grand and Regional Prize Drawings for
completing the online registration and participating in the online game available
on the Sweepstakes Website during the Sweepstakes Period.  Following
the conclusion of the Sweepstakes Period, Sponsor shall conduct the Grand and
Regional Prize Drawings on or about September 9, 2021 from among all eligible
entries received, to select a total of:

One (1) potential Grand Prize
Drawing winner from among all eligible entries received; and
Ten (10) potential Regional Prize Drawing
winners from among all eligible entries received from NJ residents;

NOTE:  There is a maximum of one (1) Regional
Prize Drawing award per person or household.

 

Each
potential winner will be notified initially by phone following his/her
selection.  If Administrator is
unsuccessful in its attempt to reach and speak directly with any selected
potential winner by phone within forty-eight (48) hours of the initial attempt
to the phone number associated with his/her entry, then that contestant may be
disqualified and an alternate potential prize winner may be randomly selected
from among the remaining eligible entries and notified as per the procedures
outlined above (time permitting). 

Note:
phone messages will not be left during the winner notification process.

 

During
winner notification, the selected potential prize winner must confirm their
eligibility, and indicate their willingness to accept the associated prize
award, as designated by Administrator (see below).  The potential prize winner will then receive
official notification via email and will be required to complete and return
within three (3) days of receipt of prize acceptance document including
affidavit of eligibility and liability/publicity release form. 

 

If
a selected potential prize winner does not meet the eligibility requirements or
elects to decline the prize, or does not return the required prize claim form
within the required deadline, s/he will be disqualified and, at Sponsor’s
discretion and time permitting, an alternate winner will be randomly selected
from among all remaining eligible entries and notified as per the procedures
outlined above.  Any disqualified
contestant will not receive any alternate prize substitution or
compensation. 

 

Each
of the prize winners: (1) shall be required to complete and submit, within two
(2) days of notification, a prize acceptance form, including an affidavit of
eligibility and a liability/publicity release (where permitted); (2) may be
required to present a copy of a valid driver’s license or government issued
photo ID with valid residential address as a condition of participating or
receiving any prize; and (3) shall be required to pay all applicable taxes
(including, but not limited to, all local, state and federal taxes) that may be
or become due in connection with their respective prize award. 

 

Decisions of Sponsor and
Administrator in the selection and determination of prize winners, and all
matters relating to this Sweepstakes are final and binding.

 

Grand Prize Drawing Award
(Maximum one (1) winner):
The Grand Prize Drawing winner shall receive a trip for two (2) (winner and one (1) guest age twenty-one (21
or older) to Oahu, Hawaii during the Sponsor designated travel dates
(travel dates subject to change, and at Sponsor’s sole determination and
discretion).  The Grand Prize Drawing
award has an ARV not to exceed $6,500.00, and includes:

Round
trip coach class airfare for two (2) (winner
and one (1) guest age twenty-one (21) or older) from the nearest major
airport to the winner’s home as designated by Sponsor to the Sponsor
designated airport servicing Oahu, Hawaii. 
Actual departure date, times and airline based upon availability
and will be solely determined by Sponsor;
Five (5)
nights standard hotel accommodations, double occupancy at a standard hotel
as solely designated by Sponsor in the Oahu, Hawaii metro area (based upon availability).  Arrival and departure dates as solely
specified by Sponsor, based upon availability;
Opportunity
to participate in a “Squid Spotting” excursion and look for The Kraken,
awarded in the form of a $500.00 gift card, from the Sponsor designated
gift card provider, to be used towards the excursion of the winner’s
choice.  Gift card subject to the terms and
conditions of the issuing gift card company.

 

Note:  No alcoholic beverage is part of any prize
award.  Maximum ARV of the Grand Prize Drawing award:
$6,500.00.  All ground transportation, airport/hotel
transfers, parking, meals, gratuities, checked baggage fees, airline seat
assignment fees, hotel resort fees, travel or departure taxes, incidental
expenses, applicable taxes (including, but not limited to, all local, state and
federal taxes) and any other expenses not specified herein as being included in
the Grand Prize Drawing award are the sole responsibility of winner. 

·        
NOTE: winner is solely
responsible for any and all required ground
transportation, including transportation to airport(s), parking, and
airport/hotel transfers.  Prize award
does not include any ground transportation, transfers
or parking.

 

Travel
dates are based upon availability, and must be
completed by October 30, 2022 or the Grand Prize Drawing award may be
forfeit.  Sponsor is not responsible for
any travel delays, flight delays or cancellations or travel difficulty related
to such award.  If travel delays or
difficulty prevent arrival in time for any and all
elements of such prize award, Sponsor is not responsible for awarding any
compensation in lieu thereof.  The winner
and his/her guest must travel together on the same itinerary.  Any changes to completed travel arrangements,
once booked, are the sole responsibility of the winner, and are solely at the
winner’s expense.  Actual value of the
trip will depend on point of departure, and any airfare fluctuations.  If actual value of prize is lower than the
stated ARV of the Grand Prize Drawing award when it is procured and fulfilled,
then the difference will not be awarded to the winner. 

 

Grand
Prize Drawing award winner and guest must be of legal age of majority in
his/her state of residence (and at least twenty-one (21)) and will be required
to execute and return a liability/publicity release prior to prize award.  Sponsor is not responsible for late, lost,
damaged or stolen luggage.  It is
recommended that each winner and travel companion obtain sufficient personal
insurance prior to departure.  Winner and
travel companion hereby release Sponsor from any duty to provide, check, or
verify any and all necessary ID’s, passports, visas and tourist cards, birth
certificates, vaccination certificates, and any other travel requirements
(“Personal Documents”).  Sponsor shall
not have any responsibility for the replacement of lost or stolen Personal
Documents or tickets, coupons, vouchers, receipts or other documents pertaining
to the prize (“Travel Documents”) once the Travel Documents have been provided
to winner and travel companion. 

 

In
the event winner is unable to travel due to a Force Majeure Event (see below),
Sponsor reserves the right, in its sole discretion, to extend the deadline for
travel beyond October 30, 2022 or to award the winner a cash prize of $5,000.00
as an alternate prize award, in lieu of the trip to Hawaii, and such cash prize
shall be the full and final Grand Prize Drawing award.

 

Regional Prize Drawing Award
(Maximum ten (10) winners):  Each Regional Prize Drawing winner shall
receive:

One (1)
$500.00 gift card towards a taylor ham or pork roll egg and cheese
breakfast sandwich for brunch for one 1-year, subject to the terms and
conditions of the issuing gift card or gift certificate issuer.

 

ARV of each Regional Prize Drawing Award: $500.00.  ARV of all available Regional Prize Drawing awards
combined: $5,000.00.

 

General Prize
Conditions:  No alcoholic beverage is part of any prize
award.  Prize awards (where
applicable) shall be shipped to winner’s residential address as provided at the
time of entry and/or winner notification via USPS or other Sponsor designated
shipping/mail carrier.  Allow eight to
twelve (8-12) weeks for prize delivery. 
Once shipped, the prize shall be considered awarded, delivered and
fulfilled, and Sponsor shall have no responsibility for any shipment that is
delayed, damaged, lost, misdelivered, undelivered or stolen, or or any
incorrect shipping address provided by winner. 
In the event of any delivery issues, prize award shall not be replaced
or substituted with any alternate prize award or compensation.  Winner shall look solely to shipping carrier
for any lost, damaged, misdelivered, undelivered, stolen or delayed shipment.

 

All
other costs and expenses related to prize acceptance, delivery, redemption or
use not specified herein as being provided are the sole responsibility of
winner.  All income, federal, state and
local taxes are the winner’s sole responsibility.  All prizes are awarded as is, without any
warranty, express or implied, by Sponsor. 
All prize awards are non-transferable and no cash redemption or prize
substitution allowed, except at Sponsor’s sole discretion or as provided
herein.  Sponsor reserves the right to
substitute a prize with one (1) of comparable or greater value, at its sole
discretion.  Failure
to collect or properly claim prize in accordance with these Official Rules will
result in forfeiture of the prize.  If
forfeited for any reason, entrant will not receive any other prize substitution
or compensation, and the prize will
remain the property of Sponsor and will not be awarded, except as provided herein.  All properly
claimed prizes will be awarded.  Any
unclaimed prizes will not be awarded. 

 

Additional Rules & Restrictions:  By
participating, entrants agree to abide by and be bound by the Official Rules
and the decisions of the Sponsor and Administrator, which shall be final in all
matters relating to this Sweepstakes.  In
the event an entrant wins a prize, and is later found to be in violation of
these Official Rules, he/she will be required to forfeit the prize or to
reimburse Sponsor for the stated ARV of the prize if such violation is
discovered after winner has used the prize. 
Participation in the Sweepstakes constitutes permission for the Sponsor
and its designees to use entrants’ names, cities and states of residence and/or
likenesses for purposes of advertising and trade in any and all media now or
hereafter known worldwide in perpetuity without limitation or further
compensation, notification or permission, unless prohibited by law.  False, fraudulent or deceptive entries or
acts shall render entrants ineligible for any prize.

 

By
participating, entrants agree to hold all Released Parties harmless from any
claims, losses, actions, or damages of any kind, whether actual, incidental or
consequential, for injury (including, but not limited to, death), damages,
losses or expenses arising out of or relating to entrant’s participation in
this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or
participation in prize-related activities (including, but not limited to,
travel or activity related thereto), and to assume all liability therefor. 

 

Released
Parties shall not be liable to winner or any other person for failure to supply
the prize or any part thereof by reason of any Force Majeure Event.  The term “Force Majeure Event” as used herein
shall mean, without limitation, the following: 
acts of God; strikes, lockouts or other labor or industrial
disturbances; acts of public enemies; war; cyber-attack; orders or restraints
of any kind from any governmental, civil or military authority or from any of
its departments, agencies or officials (except when such governmental action
results from a party’s failure or refusal to comply with any applicable law,
rule, or regulation); insurrections; riots; power failure or surges; landslides;
earthquakes; fires; storms; lightning; droughts; floods; explosions; pest
damage; viruses; plagues; diseases; epidemics; pandemics; acts or omissions of
communications or other carriers; and any other cause or event not reasonably
within the control of the Released Parties.

 

Entrants are restricted to use of
ordinary and typical computer equipment, mobile phone equipment, Internet
access and cellular networks. Sponsor disclaims all liability for the inability
of an entrant to complete or continue an entry due to equipment malfunction,
busy lines, inadvertent disconnections, acts beyond the Sponsor’s control
(including, without limitation, a Force Majeure Event), or otherwise. The
Sponsor disclaims any liability for entries not received due to technical difficulties
or transmission errors. The Sponsor disclaims all liability for any delays,
mis-delivery, loss or failure in the delivery of any item sent by mail,
courier, express, electronic transmission, or other delivery method.  Released Parties are not responsible for
mechanical, technical, electronic, communications, telephone, computer,
hardware or software errors, malfunctions or failures of any kind, including:
failed, incomplete, garbled or delayed transmission of online entries, traffic
congestion on telephone lines, the Internet or at any website or lost or
unavailable network connections which may limit an online entrant’s ability to
participate in the Sweepstakes, and any injury or damage to entrant’s or any
other person’s computer or mobile phone related to or resulting from
participating in or downloading any information necessary to participate in the
Sweepstakes.  Released Parties are not
responsible for any other errors of any kind, whether computer, technical,
typographical, printing, human or otherwise, relating to or in connection with
the Sweepstakes, including, without limitation, errors which may occur in
connection with the printing or advertising of this Sweepstakes, administration
or execution of the Sweepstakes, the cancellation of the Sweepstakes, the
processing of entries or in the announcement of the prizes or prize
winners.  Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering with the
entry process or the operation of the Sweepstakes website.

 

Sponsor
reserves the right to cancel, modify, or terminate the Sweepstakes for any
reason, including, but not limited to, fraud, misconduct, regulatory
requirement, Force Majeure Event or as required by applicable law, or if any
technical failures, internet difficulty or programming error destroy or
threaten the integrity of the Sweepstakes, in the opinion of the
Sponsor/Administrator, or if a computer virus, bug, or other technical problem
corrupts the administration, security, or proper conduct of the Sweepstakes as
determined by Sponsor/Administrator, in their sole discretion. In the event of
early termination of the Sweepstakes, Sponsor reserves the right to determine
any prize winners from among all eligible, non-suspect entries received as of
the time/date of such termination.

 

IN CASE OF DISPUTES:  By
participating in this Sweepstakes, each entrant agrees that: (1) any and all
disputes, claims and causes of action arising out of or in connection with this
Sweepstakes, or any prizes awarded, shall be resolved individually, without
resort to any form of class action, and any judicial proceeding shall take
place in a federal or state court within the State of New York in the County of
New York; (2) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, and in no event shall entrant be entitled to receive
attorneys’ fees or other legal costs; and, (3) under no circumstances, shall
entrant be permitted to obtain awards for, and entrant hereby waives all rights
to claim, punitive, incidental and consequential damages, and any other
damages, other than for actual out-of-pocket expenses, and any and all rights
to have damages multiplied or otherwise increased. All issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of entrant and Sponsor in
connection with this Sweepstakes, shall be governed by, and construed in accordance
with the laws of the State of New York, without giving effect to any choice of
law or conflict of law rules or provisions (whether of the State of New York or
any other jurisdiction), that would cause the application of the laws of any
jurisdiction other than the State of New York.

 

DISCLAIMER OF WARRANTIES: 
SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE”
BASIS.  SPONSOR DOES NOT REPRESENT OR
WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (1) WILL BE
UNINTERRUPTED OR SECURE; (2) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS;
OR (3) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT.  THE RELEASED PARTIES MAKE NO WARRANTIES OTHER
THAN THOSE MADE EXPRESSLY IN THESE OFFICIAL RULES, AND HEREBY DISCLAIM ANY AND
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

 

Odds:  Odds
of winning a prize award are dependent upon the total number of eligible
entries received (for each prize drawing), and the number of times an entrant
participates in the instant win game. 

 

Official Rules &
Winners List:  For a copy of these Official Rules, send a
self-addressed stamped envelope to be received by October 15, 2021 to: Kraken
Attacks Sweepstakes, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ
07095.

 

 

©2021
Kraken Rum Co., Jersey City, NJ.  Like the deepest sea, the Kraken® should
be treated with great respect and responsibility.