CAPTAIN MORGAN X BEN BALLER CAPTAIN ON ICE MAY CHAIN GIVEAWAY
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF THE 48 CONTIGUOUS UNITED STATES OR WASHINGTON, DC. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. The CAPTAIN MORGAN X BEN BALLER CAPTAIN ON ICE MAY CHAIN GIVEAWAY (“Sweepstakes”) begins on Sunday, May 22, 2022 on or after 2:00 p.m. Eastern Time (ET)† and ends at 11:59:59 p.m. (ET) on Friday, May 27, 2022. Sponsor will offer the Sweepstakes by posting a Sweepstakes message on the official CAPTAIN MORGAN Instagram page, @captainmorganusa (www.instagram.com/captainmorganusa) and on the official BEN BALLER Instagram page, @benballer (www.instagram.com/benballer).
†Actual start time on May 22 depends on when the Sweepstakes message is posted by Sponsor on @captainmorganusa and @benballer.
2. To enter:
- “Follow” @captainmorganusa, if you do not already. As a requirement to follow @captainmorganusa, you must first verify that you are of legal age to consume alcohol beverages as per Instagram's functionality.
- Set your Instagram profile to public.
- Like the Sweepstakes message on @captainmorganusa or @benballer.*
- Comment to the Sweepstakes message with the hashtag #CaptainOnIceSweepstakes. The hashtag #CaptainOnIceSweepstakes must be included in your comment, so as to disclose to the public that in posting a comment you are participating in a sweepstakes promotion sponsored by Diageo Americas, Inc. to advertise CAPTAIN MORGAN rum for a chance to win the prize. Omission of the hashtag #CaptainOnIceSweepstakes may result in voiding of entry and disqualification from the Sweepstakes.
*For clarity, even if you like the Sweepstakes message on @benballer, you still must follow @captainmorganusa.
You must be a registered member of Instagram in order to participate in the Sweepstakes for a chance to win the prize. Membership on Instagram is free, but a compatible mobile device is required to download the Instagram app for optimal use of the Instagram service. Wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan. Wireless Internet access is not available in all areas.
Entrants’ personal information will only be used for purposes of Sweepstakes administration, unless an entrant expressly consents beforehand in writing to such other use by Sponsor. For more information, please review Diageo’s Privacy & Cookie Notice at https://footer.diageohorizon.com/dfs/assets/www.captainmorgan.com/PrivacyPolicy_uen.html?locale=uen-us as well as Diageo’s Conditions of Use at https://footer.diageohorizon.com/dfs/assets/www.captainmorgan.com/TnC_uen.html?locale=uen -us. In the event of any discrepancy between the privacy & cookie notice and these Official Rules, the privacy & cookie notice shall control and govern; in the event of any discrepancy between the conditions of use and these Official Rules, the conditions of use shall control and govern.
If you like, you may also include content in your comment in addition to #CaptainOnIceSweepstakes. I
f you choose to do so, such additional content of comment shall not be confidential, proprietary or trade secret. Prospective entrant represents and warrants that such additional content is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. Such additional content shall NOT (a) reference the actual consumption of alcoholic beverages; (b) reference persons conducting themselves in an inappropriate manner; (c) contain material that would state or imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination; (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status; or (e) include a reference to any person who is or may be under 21 years of age. Obscene, provocative, lewd or otherwise objectionable content; that which reflects poorly on the CAPTAIN MORGAN brand; that which defames, insults, degrades or demeans Ben Baller (Mr. Ben Yang) or reflects poorly on the Ben Baller jewelry brand; are prohibited and will not result in Sweepstakes entry (even if person posting such comment is eligible for the Sweepstakes) and the determination of the appropriateness of any additional content is at the sole discretion of the Sponsor. Should Sponsor and/or the management and representation of Ben Baller (or Mr. Yang personally) identify any comments which are violative of the preceding requirements, Sponsor, management and representation of Ben Baller (or Mr. Yang personally) each reserve the right to petition Meta Platforms, Inc. (formerly, Facebook, Inc.) to remove such comments from its Instagram social media platform and to otherwise take any and all necessary and appropriate actions so as to protect their respective legal rights (this is in addition to the person posting such additional content not being entered in the Sweepstakes.)
ADDITIONAL CONTENT POSTED BY PROSPECTIVE ENTRANTS AS THEIR COMMENTS REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE PROSPECTIVE ENTRANTS THEMSELVES AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR BEN BALLER (MR. YANG) IN ANY MANNER. NEITHER SPONSOR NOR MR. YANG WILL REVIEW ANY SUCH CONTENT PRIOR TO THE POSTING OF SAME BY PROSPECTIVE ENTRANTS AND EACH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH.
One (1) entry per person. Commenting on the Sweepstakes message more than once (on @captainmorganusa, @benballer or both), use of multiple Instagram accounts or any other method to violate the preceding entry limit will result in disqualification of such person with all his/her entries being void. A given Instagram account may only be used by one (1) person to post a comment and enter the Sweepstakes.
Sponsor and the management and representation of Ben Baller (and Mr. Yang personally) are not responsible for telephone or cell phone service disruptions or other equipment or service issues that might affect a person's ability to comment on the Sweepstakes message and qualify or the ability of the Sponsor to notify the winner. Sponsor and the management and representation of Ben Baller (and Mr. Yang personally) assume no responsibility for lost, late, damaged, misdirected, illegible, corrupted, jumbled, garbled, incomplete, inaccessible, improperly recorded, unrecorded or incorrect entries or other Sweepstakes materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. All entries become the property of Sponsor and will not be returned. Any acknowledgment of receipt of entry, including any reply comment posted by Sponsor on @captainmorganusa or by Ben Baller/Mr. Yang on @benballer does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor (or Mr. Yang).
3. ONE (1) Prize will be awarded. Prize is a yellow gold and diamond chain crafted/designed by Ben Baller, with an Approximate Retail Value of $20,000. Approximate Retail Value reflects appraisal value of Ben Baller chain and not its resale value. Chain will be accompanied by a certificate of authenticity and appraisal from a gemologist of Sponsor’s sole choosing. As part of prize, winner also receive a check for $7,000 (which may be used by winner to pay for taxes on prize award or otherwise). Sponsor and the management and representation of Ben Baller (and Mr. Yang personally), however, make no representation, warranty or guarantee of any kind that the amount of the check will be sufficient to cover any taxes resulting from prize award. At all times, winner will be solely responsible for any and all taxes on prize. Total Approximate Retail Value of prize is $27,000. Alcohol beverages are NOT part of the prize.
4. Winner Determination:
- Winner will be determined in a random drawing on or about May 31, 2022 to be conducted by an independent third-party judging organization (“Judges”), whose decisions will be final in all matters relating to the Sweepstakes. If applicable, provided that the additional content included in entry complies with these Official Rules (including Section 2 above), the quality and nature of such additional content will not be taken into account in the winner selection procedure. Odds of winning the prize will be determined by the total number of eligible entries received.
- Winner will be notified by direct message from @captainmorganusa on or about June 1, 2022. BE SURE THAT YOUR INSTAGRAM SETTINGS ALLOW FOR @captainmorganusa TO CONTACT YOU VIA DIRECT MESSAGE (EVEN IF YOU ENTERED BY LIKING THE SWEEPSTAKES MESSAGE ON @benballer).
- Winner will be required to sign an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within five (5) business days of notification or prize will be forfeited and may be awarded to another winner at sponsor's sole discretion. If winner cannot be located or does not respond to attempt to be notified within forty-eight (48) hours, prize will automatically be forfeited, and an alternate winner may be selected at sponsor's sole discretion.
- Winner agrees that a digital or “e” signature shall have the same legally binding effect as a hand-signed document, with the understanding that Sponsor may condition award of the prize upon the winner hand-signing the Affidavit if Sponsor and/or Judges conclude in their sole discretion that the digital/”e” signature is unreliable or inadequate.
- Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes by Sponsor without additional compensation.
5. Eligibility: This Sweepstakes is open only to legal residents of the United States (excluding Alaska and Hawaii), who are 21 years of age or older at the time of entry. Void in Alaska, Hawaii and where prohibited or restricted by law. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., the management and representation of Ben Baller (as well as Mr. Yang personally), and (as applicable) their respective affiliates, printers, advertising, and promotion agencies (including Judges), alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply.
6. General Conditions: Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize except at Sponsor’s sole discretion. To receive $7,000 check element of prize, winner must accept Ben Baller chain element of prize; if Ben Baller chain element of prize is declined by winner for any reason, prize must be forfeited in its entirety. Ben Baller chain element of prize may differ from depictions of same in Sweepstakes advertising materials (including on @captainmorganusa and/or on @benballer), with Sponsor as well as the management and representation of Ben Baller (as well as Mr. Yang personally) disclaiming any and all liability in conjunction therewith. All federal, state and local taxes on the prize are sole responsibility of winner. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. Sponsor reserves the right to conduct a background check of any criminal records of prize winner. To the extent necessary and permitted by law, prize winner shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winner based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize, including any desired property or other insurance on Ben Baller chain element of prize.
- Entrants hereby agree to indemnify and hold Sponsor, the management and representation of Ben Baller (as well as Mr. Yang personally) and Meta Platforms, Inc. (formerly, Facebook, Inc.) harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above and/or participation in this Sweepstakes (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of the prize awarded (including any travel or activity related thereto). SPONSOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND REGARDING THE BEN BALLER CHAIN ELEMENT OF PRIZE INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE. THE ONLY WARRANTY – IF ANY – IS THAT OF BEN BALLER/MR. YANG AS THE CREATOR/DESIGNER OF THE BEN BALLER CHAIN.
- The value of the prize won by a participant under the sweepstakes may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) and a subsequent IRS Form 1099 which will reflect the total value of the prize. Upon receipt of the prize, the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.
- In consideration of his/her receipt of any prize, prize winner for himself or herself and his or her guest, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, the management and representation of Ben Baller (as well as Mr. Yang personally), and Meta Platforms, Inc. (formerly, Facebook, Inc.) from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Sweepstakes, including, but not limited to, prize winner’s participation in the Sweepstakes; prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
- Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion at any time without notice or further obligation.
7. Electronic Entries: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address associated with the Instagram handle used for Sweepstakes participation. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and the management and representation of Ben Baller (as well as Mr. Yang personally) are not responsible for lost, late, damaged, illegible, misdirected, or incomplete entries, or for on-line entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. (The preceding includes but is not limited to filtering by or other operation of the functionality of Instagram.) Sponsor and the management and representation of Ben Baller (as well as Mr. Yang personally) are not responsible for incorrect or inaccurate entry information, whether caused by Instagram users or by any human or technological error that may occur in the processing of entries in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE/MOBILE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Winner’s List: Please send a request by e-mail to_CaptainMorganUpdatesUS@Diageo.com. Be sure to include CAPTAIN MORGAN BEN BALLER MAY CHAIN WINNER in the subject line. All requests for the winner’s list must be received by June 30, 2022 at 5:00 p.m. ET.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Sponsor: Diageo Americas, Inc., New York, NY
CAPTAIN MORGAN Original Spiced Rum. Premium Caribbean Rum With Spice And Other Natural Flavors. 35% Alc/Vol. Captain Morgan Rum Co., New York, NY.
DRINK RESPONSIBLY! CAPTAIN’S ORDERS!