CAPTAIN MORGAN X BEN BALLER HOLIDAY SWEEPSTAKES

OFFICIAL RULES

FINAL

NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL  RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA AND HAWAII) WHO ARE 21 YEARS OF AGE OR OLDER. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.

1. To Enter: This Sweepstakes begins at 12:01 a.m. Eastern Time (ET) on December 9, 2021 and ends at 11:59:59 p.m. (ET) on December 19, 2021.

There are two (2) ways to enter this sweepstakes. 

  • Entry Method No. 1 – During the Sweepstakes Period, send a text message with the word “BALLER” from your handset addressed to 24272. Once you send the text message, you will need to verify your age, provide your valid state and email address and you will be entered into the sweepstakes. You will be charged for all text messages sent and received from your handset according to the terms in your individual Calling Plan with your cellular provider. For additional support, text HELP to 24272 or STOP to cancel at any time. All entries made using Entry Method No. 1 must be received no later than 11:59:59 p.m. (ET) on December 19, 2021. No alterations or forged entries are permitted. Receipt of entry will be acknowledged but such acknowledgment is in no way otherwise binding upon Sponsor. All entrants using Entry Method No. 1 must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method.  Prize will be awarded to the name corresponding to the phone number from which the text message originated.  By texting “BALLER” to 24272, you agree you are of legal age to purchase beverage alcohol in the U.S., a legal U.S. resident, and to receive recurring marketing SMS and MMS messages, including text messages, using an automatic telephone dialing system from Diageo Americas, Inc. You also agree to these official rules. Message & Data Rates May Apply. Text STOP in reply to any message to stop receiving our messages. You may also text HELP to 24272 for more information. Consent is not a condition of any purchase.
  • EntryMethod No. 2 – TO ENTER WITHOUT TEXT, email captainmorgan@avidinc.com, including as the subject line “DIA3555923W Captain Morgan Holiday X Ben Baller Sweepstakes Entry,” along with your name, phone number, address & date of birth. Email submissions must be received by 11:59:59 p.m. (ET) on December 19, 2021. Internet access and valid email address are required to enter the Sweepstakes

If entering the Sweepstakes by using a mobile device (regardless of entry method), wireless Internet access and/or other fees may apply, in addition to charges for sending/receiving text messages (if entering via Entry Method No. 1). Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to participate via Entry Method No. 1 and/or Entry Method No. 2. Check your phone capabilities for specific instructions for sending text messages or emails.

One entry per person regardless of method of entry; a person may enter by sending a text message OR by email but NOT by using both methods. Multiple entries will automatically result in disqualification. 

Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect the ability of a person to text in and qualify; the ability of a person to send an email and qualify; or the ability of the Sponsor to notify the winner.  Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, corrupted, jumbled, inaccessible, incomplete, 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 the Sponsor and will not be returned.

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 and 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 and cookie notice and these Official Rules, the privacy and 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. 

  • Prize/Value:ONE (1) Prizebe awarded. Prize is a yellow gold and diamond chain crafted/designed by the jeweler Ben Baller (Mr. Ben Yang), with an Approximate Retail Value of $25,000. 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 Mr. Yang, 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 $32,000. Alcohol beverages are NOT part of the prize.
  • Winner Determination: Winner will be determined in a random drawing on or about December 20, 2021 to be conducted by an independent third-party judging organization (“Judges”), whose decisions will be final in all matters relating to the Sweepstakes. Odds of winning the prize will be determined by the total number of eligible entries received. Winner will be notified by phone and/or email (method[s] of notification to be determined by Sponsor in its sole discretion) on or about December 20, 2021.

    Winner will be required to sign an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within three (3) days of notification (or such shorter amount of time as indicated thereon) 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 one (1) day (or such shorter amount of time as indicated thereon), prize will automatically be forfeited, and an alternate winner may be selected at sponsor's sole discretion.

    Winner agrees that an electronic signature/affirmation or facsimile version of the Affidavit/Release shall have the same legal force and effect as a hand-signed document. Notwithstanding the foregoing, should Judges determine in their sole discretion that the electronically signed/affirmed/facsimile version of the Affidavit/Release is not acceptable, Judges may condition award of prize on return of the actual hand-signed document.

    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 without additional compensation.  

    Prize information will be provided to winner upon proof of eligibility. Winner must furnish valid proof of age (for example, a driver’s license, birth certificate or passport). An Affidavit/Release must be provided to Judges before prize can be received. Prize will NOT be awarded unless the Affidavit/Release has been received by Judges.

  • 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.   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 Mr. Yang (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. 
  •  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.  Prizes are non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on prize are winner’s sole responsibility. 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 Mr. Yang (as well as Mr. Yang personally) and Meta Platforms, Inc./Instagram 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 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 Mr. Yang (as well as Mr. Yang personally) and Meta Platforms, Inc./Instagram, 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, 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 this promotion, or any part thereof, at any time, for any reason, without notice or further obligation. 

     

  • Text Message Entry Conditions: Sweepstakes is intended for participation in the United States (excluding Alaska and Hawaii) only and shall be construed only according to United States law. In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the cellular provider. "Authorized Account Holder" is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records.  Sponsor and its agencies are not responsible for SMS 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. Sponsor and its agencies are not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries in this Sweepstakes.  Any other attempted form of entry not specified herein is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
  • Email Entries: In the event of a dispute, email entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service, or other organization that is responsible for assigning email addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, or incomplete entries; corrupted, jumbled, interrupted, irregular or defective entries or entries not received or properly recorded due to lost, failed, delayed or interrupted connections or miscommunications, or due to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries including categorization of entrant’s email as “SPAM” or otherwise being blocked or inaccessible by Judges for any reason, any delay in transmission of entrant’s email or entrant’s email being undeliverable altogether. Sponsor and its agencies are also not responsible for incorrect or inaccurate entry information, whether caused by 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 UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES OR SEEK TO DEFRAUD SPONSOR OR JUDGES IN CONJUNCTION WITH THE IMPLEMENTATION OF THE 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.
  • Winner’s List: For winner’s list,  please send a self-addressed stamped envelope to DIA3555923W Captain Morgan Holiday X Ben Baller Sweepstakes Winner, P.O. Box 1008, Rocky Hill, CT 06067-1008. All requests for the winner’s list must be postmarked by January 19, 2022 and received by February 2, 2022.

 

This Promotion is in no way sponsored, endorsed or administered by, or otherwise associated with Facebook or 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