NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING PROMOTION 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 PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR. DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Promotion Name: The Kraken® Pitch Black Friday Promotion (the “Promotion”).
Sponsor: Proximo Spirits, Inc., 3 Second Street, Suite 1101, Jersey City, NJ 07302 (“Sponsor”).
Administrator: Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095 (“Administrator”).
Promotion Dates: The Promotion registration begins at 12:00:01 am Eastern Time (“ET”) on November 26, 2021 and ends at 11:59:59 pm ET on November 26, 2021 (the “Registration Period”), per the individual entry time periods for each sacrifice challenge as outlined below. The Promotion is subject to all applicable federal, state and local laws and regulations. Void outside the (50) U.S. and D.C., and wherever prohibited or restricted by law.
The Promotion consists of two (2) parts: (a) a random chance drawing (“Random Drawing Program”), (b) and a contest where eligible entries shall be judged (“Contest”). Collectively, the Random Drawing Program and the Contest are referred to as the “Promotion”.
Who may Enter: The Promotion is open only to documented U.S. residents who reside within 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 Sponsor, Administrator, Seattle Hockey Partners LLC (the “Seattle Kraken”), the National Hockey League (“NHL”), its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, National Hockey League Foundation, NHL Foundation, each of the other member clubs of the NHL (the foregoing NHL entities, collectively, the “NHL Entities”), 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 Promotion, and the immediate family members or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this Promotion, 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 Promotion website at www.PitchBlackFriday.com (the “Promotion Website”) during the Registration Period. On the Promotion Website, each entrant must select a “sacrifice” challenge for which they wish to participate for the chance to win the associated prize award for that sacrifice challenge. Entrants must follow the provided online instructions to participate in the selected sacrifice. Available sacrifices and associated challenges to complete the sacrifice shall include:
After selecting a sacrifice challenge, each entrant must also 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 Promotion Website, and follow the provided instructions to submit proof of their completion of the sacrifice. After having read and agreed to these Official Rules, click the submit button to submit your online entry.
By your entry into the Promotion, 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.
All entries must be submitted by 11:59 pm ET on November 26, 2021 to be eligible. Maximum of one (1) entry per person per Sacrifice category 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 Promotion 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 Promotion 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 Promotion.
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 Seattle Kraken, Seattle Arena Company LLC, 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 Promotion; 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 email 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 Promotion, 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 Promotion, 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 Promotion and any claims must be raised and resolved in the U.S. Any information collected by registering and entering the Promotion shall be used only in a manner consistent with these Official Rules and with Sponsor’s Privacy Policy. By entering the Promotion, 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 Promotion. Collection and use of information collected in connection with the Promotion will be in accordance with Sponsor’s privacy policy as posted at proximospirits.com/privacy/.
Random Winner Selection (Sacrifice 1, 2, 3, 4, 5, and 7): On or about November 30, 2021, Administrator shall conduct random prize drawings from among all eligible entries received for each prize pool as set forth below to select a maximum total of one (1) potential winner per prize pool (see prize descriptions below). If eligible entries are less than the scheduled number of prizes available, then the difference between the entries and scheduled number of prizes available shall not be awarded.
Each eligible entrant whose entry is randomly selected shall be designated as a potential prize winner, subject to verification of eligibility and compliance with these Official Rules. Only the entrants whose entries are randomly selected shall be eligible to claim their respective prize award. All other entries and submissions received will be disqualified.
Entry Deadline | Sacrifice Category and # Winners |
8:00 pm ET on 11/26/2021 | Sacrifice 1 – Sacrifice Your Date (add blurb to dating profile): One (1) Sacrifice 1 prize winner shall be randomly selected from among all eligible entries received for the Sacrifice 1 challenge. |
8:30 pm ET on 11/26/2021 | Sacrifice 2 – Sacrifice Your Past (submit embarrassing old photo): One (1) Sacrifice 2 prize winner shall be randomly selected from among all eligible entries received for the Sacrifice 2 challenge. |
9:00 pm ET on 11/26/2021 | Sacrifice 3 – Sacrifice Your Heart (post relationship with The Kraken): One (1) Sacrifice 3 prize winner shall be randomly selected from among all eligible entries received for the Sacrifice 3 challenge. |
9:30 pm ET on 11/26/2021 | Sacrifice 4 – Sacrifice Your Libations (pour out bottle of liquor that’s not The Kraken Rum): One (1) Sacrifice 4 prize winner shall be randomly selected from among all eligible entries received for the Sacrifice 4 challenge. |
10:00 pm ET on 11/26/2021 | Sacrifice 5 – Sacrifice Your Frenemies (unfollow everyone except @KrakenRum on social media): One (1) Sacrifice 5 prize winner shall be randomly selected from among all eligible entries received for the Sacrifice 5 challenge. |
10:30 pm ET on 11/26/2021 | Sacrifice 7 – Sacrifice Your Vitality (give blood): One (1) Sacrifice 7 prize winner shall be randomly selected from among all eligible entries received for the Sacrifice 7 challenge. |
Contest Winner Determination – Judging of Submissions (Sacrifice 6 and 8): On or about December 3, 2021, a panel of judges as solely determined and appointed by Sponsor/ Administrator shall review, select and designate a maximum of one (1) winning entry from among all eligible entry submissions received for each prize pool as set forth below (see judging criteria below) to select a maximum of one (1) potential winner per prize pool (see prize descriptions below). If eligible entries are less than the scheduled number of prizes available, then the difference between the entries and scheduled number of prizes available shall not be awarded.
Entry Deadline | Prize Pools and # Winners |
10:30 pm ET on 11/26/2021 | Sacrifice 6 – Sacrifice Your Dignity (profess your love for The Kraken): One (1) Sacrifice 6 prize winner shall be determined from among all eligible entries received for the Sacrifice 6 challenge, via the judging criteria set forth below. |
11:59 pm ET on 11/26/2021 | Sacrifice 8 – Sacrifice your Body (permanent Kraken tattoo): One (1) Sacrifice 8 prize winner shall be determined from among all eligible entries received for the Sacrifice 8 challenge, via the judging criteria set forth below. |
Each eligible entrant whose entry is selected by judges shall be designated as the potential prize winner for the associated prize award, subject to verification of eligibility, and compliance with these Official Rules. Only the entrant whose entry is selected by judges shall be eligible to claim the associated prize award. All other entries and submissions received will be disqualified.
Judging Criteria – Sacrifice 6: Sacrifice 6 submissions shall be judged by a Sponsor/Administrator-appointed panel of judges pursuant to the following guidelines, requirements and criteria in the determination of the winning entrant:
Judging Criteria – Sacrifice 8: Sacrifice 8 submissions shall be judged by a Sponsor/Administrator-appointed panel of judges pursuant to the following guidelines, requirements and criteria in the determination of the winning entrant:
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 for any drawing or for the entire Registration Period, then associated prize awards shall not be awarded.
Winner Notification: Each potential winner will be notified initially by phone and/or email following their selection and determination as the potential winner. Potential winners must follow the provided instructions to verify eligibility and claim the prize. If the Administrator is unsuccessful in its attempt to reach the selected potential prize winner or winner fails to respond as instructed within forty-eight (48) hours of the initial notification attempt to the 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 winner notification, the selected potential winner must confirm their eligibility, and indicate their willingness and ability to accept the associated prize (see below). If the selected winner does not meet the eligibility requirements, or is unable or unwilling to accept the prize or elects to decline the prize, s/he will be disqualified and, at Sponsor’s sole 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 prize winners and all matters relating to this Promotion are final and binding.
Each prize winner shall be required to: (1) complete and submit, within three (3) days of notification, a prize acceptance form, including affidavit of eligibility and liability/publicity release (where permitted) and a W-9 form (for winner of any prize value over $600); (2) may be required to present a copy of a valid driver’s license or government issued photo ID and valid social security card 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, and any winner of a prize value over $600 shall be issued a 1099 form reflecting the value of the prize award.
Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, finalist 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.
Prize Awards: Each eligible entrant selected and designated as a prize winner shall be awarded the associated prize award for their Sacrifice category as follows:
Sacrifice 1 prize award (dating profile blurb): The eligible entrant determined as the winner of the Sacrifice 1 challenge shall be awarded the following prize: a gift pack including a personalized adoption certificate for an octopus, an octopus cookie cutter and an octopus plush stuffed animal from Oceana (https://gift.oceana.org/collections/adopt-an-octopus/products/octopus-gift-pack-adoption). Approximate retail value (“ARV”) of prize award: $80.
Sacrifice 2 prize award (embarrassing photo): The eligible entrant determined as the winner of the Sacrifice 2 challenge shall be awarded the following prize: an original copy of a ‘Clash of the Titans’ Poster autographed by Harry Hamlin. ARV of prize award: $100.
Sacrifice 3 prize award (relationship with The Kraken): The eligible entrant determined as the winner of the Sacrifice 3 challenge shall be awarded the following prize: a VIP experience at a Seattle Kraken game with an ARV of $2,250. The prize award includes:
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 prize award are the sole responsibility of winner.
Travel dates and game date are based upon availability, and at the sole discretion of Sponosr, and must be completed by December 30, 2022 or prize shall be forfeit. Sponsor is not responsible for any travel delays, flight delays or cancellations or travel difficulty related to prize 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 when it is procured and fulfilled, then the difference will not be awarded to the winner.
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 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 (as defined below), Sponsor reserves the right, in its sole discretion, to extend the deadline for travel beyond December 30, 2022 or to award the winner a cash prize of $2,000.00 as an alternate prize award, in lieu of the trip to Seattle, WA, and such cash prize shall be the full and final prize award.
Travel is subject to the local regulations, policy and terms and conditions of airline, hotel and destination COVID-19 testing and/or vaccination requirements. Each ticket and admittance to arena is subject to the terms and conditions, policy and procedures and rules of conduct of the hosting venue and team, including admittance policy (and any COVID-19 testing and/or vaccination requirements). As condition of these Official Rules, winner and guests agree to comply with all applicable venue and team regulations in connection with the prize. Sponsor and the team or venue reserve the right to remove or deny entry to any winner and/or his/her guest who do not comply with any requirement policies, engage in a non-sportsmanlike or disruptive manner, or act with intent to annoy, abuse, threaten, or harass any other person at any game.
Game date and time is determined in the sole discretion of the league and/or the team, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as a prize will govern in the event a game is not played or attendance is restricted or prohibited due to any Force Majeure Event including weather, pandemic, an act of God, an act of terrorism, civil disturbance, work stoppage or any other reason. Sponsor will not be responsible for any game date delay, rescheduling, postponement or cancellation due to any Force Majeure Event or any other event that may cause the cancellation, rescheduling or postponement of the game.
Sacrifice 4 prize award (pour out bottle of liquor): The eligible entrant determined as the winner of the Sacrifice 4 challenge shall be awarded the following prize: a premium blacked out gaming console (PS5) and two (2) controllers. Sponsor reserves the right to award an alternate gaming console with approximate equal or greater value based upon availability. ARV of prize award: $1,250.
Sacrifice 5 prize award (unfollow everyone except @KrakenRum): The eligible entrant determined as the winner of the Sacrifice 5 challenge shall be awarded the following prize: opportunity to have the front of your house painted in black paint, by the Sponsor designated local paint vendor. Paint vendor and date of service shall be as solely determined and designated by Sponsor, based upon availability. Winner must provide proof of home ownership, and shall be solely responsible for obtaining any required permits or home owner association approvals prior to inititation of the painting project. Sponsor reserves the right to award the prize in the form of a gift card, from the Sponsor designated gift card provider for the value of the prize. ARV of prize award: $2,500.
Sacrifice 6 prize award (profess your love): The eligible entrant determined as the winner of the Sacrifice 6 challenge shall be awarded the following prize: an official Kraken jacket, and a CLEAR Pass membership. Jacket size based upon availability. Sponsor reserves the right to award the CLEAR Pass membership in the form of a $179 gift card, from the sponsor designated gift card provider. ARV of prize award: $279.
Sacrifice 7 prize award (donate blood): The eligible entrant determined as the winner of the Sacrifice 7 challenge shall be awarded the following prize: a 2022 Sea-Doo RXT-X 300, Premium Triple Black, from East Bay Motorsports with an ARV of $23,000.
Winner must accept delivery of vehicle from the Sponsor, or as otherwise specified by Sponsor. Sponsor will solely designate and specify available vehicle including make, model, color and options for prize winner’s prize award. Prize winner may not substitute, exchange, or apply the vehicle’s value towards a higher cost or alternate vehicle. Designated vehicle must be the Sponsor designated vehicle that is currently in designated dealer’s stock of inventory. Administrator reserves the right to award an alternate year model (i.e. 2021), if the 2022 model is not available at the time of prize award.
If the designated prize vehicle MSRP is under $23,000, the winner will not be awarded the difference between the vehicle’s actual MSRP and $23,000. Prize winner is responsible for paying any and all sales tax on prize award at time of delivery, estimated at approximately $1,610 (based on a 7.0% tax value) but may vary depending on the state and county in which the vehicle is awarded.
All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Prize winner, including but not limited to tax, title, insurance, license and registration fees. Prize award does not include delivery, transportation or trailer.
Sacrifice 8 prize award (permanent tattoo): The eligible entrant determined as the winner of the Sacrifice 8 challenge shall be awarded the following prize: Opportunity to attend a course in Curaçao to obtain a submarine captain’s license with an ARV of $10,000. The prize award includes:
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 prize award are the sole responsibility of winner.
Travel dates and IPC training program date are based upon availability, and at the sole discretion of Sponosr, and must be completed by December 30, 2022 or prize shall be forfeit. Sponsor is not responsible for any travel delays, flight delays or cancellations or travel difficulty related to prize 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 when it is procured and fulfilled, then the difference will not be awarded to the winner.
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 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, Sponsor reserves the right, in its sole discretion, to extend the deadline for travel beyond December 30, 2022 or to award the winner a cash prize of $7,500.00 as an alternate prize award, in lieu of the trip, and such cash prize shall be the full and final prize award.
Travel is subject to the local regulations, policy and terms and conditions of airline, hotel and destintation COVID-19 testing and/or vaccination requirements.
General Prize Conditions: No alcoholic beverage is part of any prize award. Prize award may be delivered digitally, via mobile ticket transfer, or 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, as applicable. Once delivered via digital or mobile transfer or 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 any incorrect mobile number, email or 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 and 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 Promotion. 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 Promotion 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 Promotion, 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; rescheduling of the NHL® season, 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 Promotion, 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 Promotion. 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 Promotion, including, without limitation, errors which may occur in connection with the printing or advertising of this Promotion, administration or execution of the Promotion, the cancellation of the Promotion, 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 Promotion Website.
Sponsor reserves the right to cancel, modify, or terminate the Promotion for any reason, including, but not limited to, fraud, misconduct, regulatory requirement, Force Majeure Event, rescheduling of the NHL® season or as required by applicable law, or if any technical failures, internet difficulty or programming error destroy or threaten the integrity of the Promotion, 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 Promotion as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Promotion, 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 Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with this Promotion, 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 Promotion, 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 Promotion, 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 PROMOTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE PROMOTION 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 the prize award for Sacrifices 1, 2, 3, 4, 5 and 7 are dependent upon the total number of eligible entries received. Odds of winning the prize award for Sacrifices 6 and 8 are dependent upon the total number of eligible entries received, the skill and ability of each entrant to complete the sacrifice based upon the judging criteria as outlined above and the decision of the judges.
Official Rules and Winner List: For a copy of these Official Rules or the name of prize winner, send a self-addressed stamped envelope to be received by December 31, 2021 to: The Kraken Pitch Black Friday Promotion, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting, official rules or winners list.
NHL & TRADEMARKS: Seattle Kraken, NHL, the NHL Shield, the word mark and image of the Stanley Cup and NHL Conference logos are registered trademarks, copyrights and property of Seattle Hockey Partners LLC and the National Hockey League. All rights reserved. All NHL logos and marks and NHL team logos and marks as well as all other proprietary materials depicted or described herein are the property of the NHL and the respective NHL teams and may not be reproduced without the prior written consent of NHL Enterprises, L.P. © NHL 2021.
Seattle Hockey Partners LLC and the NHL Entities, are not a sponsor of the Promotion, and are in no way responsible for the administration of the Promotion, the verification of winners or the fulfillment of prizing, and will have no liability or responsibility for any claim arising in connection with participation in the Promotion or the prize. All inquiries regarding the Promotion should be direct to Sponsor or Promotion administrator, Million Dollar Media.
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.
The Kraken® and other trademarks listed under Products are owned in the United States by Proximo Spirits © 2023. All rights reserved © 2023 The Kraken® Black Spiced Rum. Imported by Proximo Spirits, Jersey City, NJ. Like the deepest sea, The Kraken® should be treated with great respect and responsibility, so please drink responsibly.
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The Kraken® and other trademarks listed under Products are owned in the United States by Proximo Spirits © 2023. All rights reserved © 2023 The Kraken® Black Spiced Rum. Imported by Proximo Spirits, Jersey City, NJ. 47% alc/vol (94 proof). Like the deepest sea, The Kraken® should be treated with great respect and responsibility, so please drink responsibly.