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) UNITED STATES OF AMERICA (“U.S.”) AND THE DISTRICT OF COLUMBIA (“D.C.”), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE OFFICIAL RULES BELOW) WHO ARE 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:  The Kraken® Escape the Kraken Video Game Contest (the “Contest”). 

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

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

Contest Dates: Contest registration begins at 12:00:01 am Eastern Time (“ET”) on June 29, 2022 and ends immediately following when the first five thousand (5,000) qualifying eligible entries have been received (see below), or at 11:59:59 pm ET on August 15, 2022, whichever is earlier (the “Registration Period”).  Kraken koozie prize awards (see prize description below) in this Contest shall only be available to the first five thousand (5,000) qualifying eligible entrants who complete the video game contest requirements as outlined below beginning at 12:00:01 am Eastern Time (“ET”) on June 29, 2022, while supplies last.  Supplies are limited.  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 documented U.S. residents of the (50) U.S. or 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 Proximo Spirits, Inc. (“Sponsor”), Million Dollar Media (the “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 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 – Online Registration: To enter, visit the Contest website at www.KrakenRum.com/escape-the-kraken during the Registration Period, and be among the first five thousand (5,000) eligible entrants to participate in the Kraken Rum Escape the Kraken video game and score a minimum of 88,888 or more points to qualify as a potential prize winner.  After successfully scoring 88,888 or more points (‘qualifying’), each of the first five thousand (5,000) eligible entrants shall have the opportunity to complete and submit the online registration page in order to receive a code via email delivery valid for one (1) prize award (see below), while supplies last.  Supplies are limited.  Each qualifying eligible entrant must fully complete the online registration page with all required information, including his/her name, valid email address, phone number (including area code), State of residence, date of birth and any other information requested on the Contest Website.   

After having read and agreed to these Official Rules, click the submit button to submit your online entry.  All online entries must be among the first five thousand (5,0000) qualifying eligible entrants to score a minimum of 88,888 or more points in the Kraken video game, and must be fully complete with all required information in order to receive a prize award, while supplies last.  The Registration Period ends immediately following when the first five thousand (5,000) qualifying eligible entries have been received, or at 11:59:59pm ET on August 15, 2022 whichever is earlier (the “Contest Period”).   

BY YOUR ENTRY INTO THE CONTEST, YOU ARE PROVIDING EXPRESS WRITTEN CONSENT TO SPONSOR, ADMINISTRATOR AND THEIR RESPECTIVE DESIGNEES TO CONTACT YOU WITH PROMOTIONAL MESSAGES USING AUTOMATED/PRE-RECORDED/ARTIFICIAL TECHNOLOGY, INCLUDING THROUGH EMAIL, TEXT MESSAGES OR PHONE CALLS. 

All entries must be submitted by 11:59:59 pm ET on August 15, 2022 to be eligible.  Maximum of one entry per person, per valid email address and per 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, 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 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 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 entry requirements as outlined above and below, 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, the Solé Bicycles Entities 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, 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 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 U.S. apply to and govern this Contest and any claims must be raised and resolved in the U.S.  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 comment, may be used, promoted, released, broadcasted or published by Sponsor in any manner related to the promotion or advertising of the Contest.  Collection and use of information collected in connection with the Contest will be in accordance with Sponsor’s Privacy Policy as posted at proximospirits.com/privacy/. 

Winner Determination and Notification (5,000 Kraken Rum Koozie codes available):  The first five thousand (5,000) qualifying eligible entries received as solely determined and designated by Sponsor, who have each scored a minimum of 88,888 or more points in the Kraken Rum video game and completed and submitted the online registration form as outlined above, shall be designated as potential prize winners. 

• Note:  There is a maximum of one (1) prize award per person or household during the entire Registration Period.  If eligible entries are less than the scheduled number of prizes available, then associated prize award(s) shall not be awarded. 

Each potential prize winner shall receive a unique prize award code (see below) via email following their determination as being among the first five thousand (5,000) qualifying eligible entries received.  Sponsor/Administrator are not responsible for any code or email not received for any reason including blocked delivery, incorrect or invalid email provided by entrant or any email that is categorized as spam or junk.  It is each entrant’s responsibility to check their junk or spam folder for email delivery.  Decisions of the Administrator in the selection and determination of the winners and all matters relating to this Contest are final and binding.   

Prize Award (Maximum 5,000 winners):  Each prize winner shall receive: one (1) unique one time use code valid for redemption via the Sponsor provided link on Shopify for one (1) Kraken koozie.  Winner must fully complete all required information via the Sponsor provided Shopify link to receive prize award.  Exact make, model and color as solely determined and designated by Sponsor, based upon availability.  Sponsor reserves the right to substitute an alternate merchandise item of approximate equal or great value, in its sole discretion, based upon availability.  Approximate retail value (ARV) of each prize award:  $1.  Total ARV of all available prize awards:  $5,000. 

NOTE:  No alcoholic beverage is part of any prize award.  All merchandise items are awarded ‘as is’ without warranty, express or implied.  Prize winners must accept delivery of prize in the method as solely determined and designated by Sponsor.  Prize shall be shipped only to the designated residential address as submitted during prize claim process, via the carrier as determined and designated by Sponsor (i.e. UPS, USPS or other Sponsor designated carrier), or as otherwise specified by Sponsor.  Allow 8 – 12 weeks for prize delivery.  

Once shipped, prize shall be considered as awarded and delivered, and Sponsor shall not be responsible for actual receipt of delivery by winner.  Sponsor shall not be responsible for any lost, late, undelivered, misdirected, damaged or stolen delivery; or any incorrect delivery address provided by winner during registration or prize claim.  In the event of any delivery issues, including undelivered, misdirected, lost or stolen deliveries, Sponsor shall have no responsibility to replace the prize award, and prize award shall not be substituted by Sponsor with any alternate prize award or compensation.  Winner shall look solely to designated shipper/carrier for any lost, damaged, stolen or mis-delivered packages and not to Sponsor for any delivery issues. 

General Prize Conditions:  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 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.  All prizes are awarded as is, without any warranty, express or implied, by Sponsor.  Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize.  If forfeited for any reason, participant 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 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 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 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 in the Contest, 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:  SPONSOR IS PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS.  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. 

Odds:  Odds of being selected as a prize winner are dependent upon the total number of eligible entries received, and the skill of each entrant in scoring 88,888 points in the Kraken Rum Escape the Kraken video game to become a qualifying eligible entrant.   

Official Rules:  For a copy of these Official Rules, send a self-addressed stamped envelope to be received by September 30, 2022 to: The Kraken® Escape the Kraken Video Game Contest, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. 

The Kraken® Black Spiced Rum. 47% alc./vol. (94 proof). ©2021 Proximo Spirits. Jersey City, NJ. Like the deepest sea, The Kraken® should be treated with great respect and responsibility, so please drink responsibly.