Sweepstakes
Can I Mix You a Drink? NFT Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Can I Mix You a Drink? NFT” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) only and shall only be construed and evaluated according to USA law and applicable state law. Do not enter this Sweepstakes if you are not located in the USA or otherwise ineligible in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Kingston Imperial LLC, 4050 Sheridan Ave Unit 360, Miami, FL 31140 (the “Sponsor”). Sweepstakes is administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open only to legal USA residents are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective state of permanent residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
TWO WAYS TO ENTER: The Sweepstakes begins at 10:00:01 p.m. Eastern Daylight Time (“EDT”) on August 1, 2022 and ends at 11:59:59 p.m. EDT November 1, 2022 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Two (2) methods of entry are as follows:
1. Online
Entrants can obtain one (1) Sweepstakes entry by purchasing two (2) or more Can I Mix You A Drink NFT’s on www.crypto.com (“Registration Entry”). For instance, if an Entrant purchases eight (8) NFT’s, they will obtain four (4) Sweepstakes entries. All purchase Entries must be received by 11:59pm ET on November 1, 2022.
2. Mail-in
Entrants also have the option to obtain two (2) Sweepstakes entries via mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, and email address, and mailing the card in a handprinted #10 envelope, with proper postage affixed to: Kingston Imperial NFT Giveaway, PO Box 135, Macedon, NY 14502-0135. Requests for confirmation of receipt of mail-in entries will not be acknowledged. Each entry must be mailed separately. In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. All mail-in entries must be postmarked by November 1, 2022 and received by November 6, 2022. Entry Card and envelope must be hand printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the ADMINISTRATOR). Each envelope must be mailed individually. Bulk shipments of entries will not be accepted.
Limit: Four (4) Sweepstakes entries per person regardless of the method of entry.
To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By participating, you consent to Sponsor’s and its agents’ use of your personal information for the administration of this Sweepstakes, or in any other manner consistent with Sponsor’s Privacy Policy, available at www.canimixyouadrink.com/sweepstakes.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) the cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of a Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, payment processing; failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
DRAWING AND NOTIFICATION: All Prize Winners will be selected in a random drawing conducted by the Sponsor or Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about November 18, 2022. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Winners will be contacted by the Sponsor or Administrator via phone, email and/or USPS mail.
Note: “In the event an NFT is transferred prior to winner selection by a valid entrant, the Entrant will be deemed the natural person who owns and has possession of the NFT at the time of winner selection; provided such Entrant meets all other eligibility requirements under these Official Rules, agrees to all of the terms of these Official Rules and is the owner of the NFT through validation and the awarding of any prize.”
PRIZES & PRIZE CONDITIONS: One (1) Grand Prize, one (1) First Prize, and two (2) Second Prizes will be awarded. Prizes are as follows:
Grand Prize Winner
The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will be invited to play the pick ‘til you win lucky envelope game. Forty (40) envelopes will be displayed, five (5) of these envelopes contain a certificate for an insured prize payable to a dealership for a Lamborghini with a value up to $350,000. Six (6) of these envelopes contain a certificate for the $25,000 cash and twenty-nine (29) of these envelopes contain a certificate for a $10,000 Cash. Winner will open one (1) envelope at a time unveiling one of the three different prizes at stake. The first prize selected five times is the prize won.
• Odds of winning $10,000 Cash 100%.
• Odds of winning $25,000 Cash is 1: 481.
• Odds of winning the Lamborghini is 1: 1,926.
NOTE: The Grand Prize Winner must travel to Miami, FL (the “Location”) to participate in the envelope game outlined above at 8:00pm ET on December 17, 2022. A $1,000 travel stipend will be provided to the Grand Prize Winner by the Sponsor. (“Prize” or Grand Prize”).
First Prize Winner
The First Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a 4 day/ 3night trip for two (2) people to New York, NY (the “Location”) (“Prize” or “First Prize”). The First Prize package is inclusive of the following:
-Two (2) roundtrip standard economy airfare tickets from a major commercial airport in the USA, near the Winner’s primary residence and the Location, as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if Winner resides within 150 miles of the Location).
-Standard hotel accommodations at a hotel to be determined by the Sponsor for three (3) nights (double occupancy room and tax only).
-3-night/ 4-day experience to some of the best New York cocktail bars and dining destinations curated and hosted by his award-winning mixologist and co-author to Can I Mix You a Drink?, Maxwell Britten.
The Approximate Retail Value (“ARV”) of the total First Prize package is $10,000, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. The First Prize Winner will be offered the option of accepting Cash in lieu of the travel Prize outlined above.
Second Prize Winner
Each Second Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a 4 day/ 3night trip for two (2) people to Los Angeles, CA (the “Location”) (“Prize” or Second Prize”). The Second Prize package is inclusive of the following:
-Two (2) roundtrip standard economy airfare tickets from a major commercial airport in the USA, near the Winner’s primary residence and the Location, as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if Winner resides within 150 miles of the Location).
-Standard hotel accommodations at a hotel to be determined by the Sponsor for three (3) nights (double occupancy room and tax only).
-Two (2) box seat tickets to see a sports or concert event at The Crypto.com arena
-3-night/ 4-day experience to some of the best Los Angeles cocktail bars and dining destinations curated and hosted by his award-winning mixologist and co-author to Can I Mix You a Drink?, Maxwell Britten.
The ARV of the total Second Prize package is $5,000, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. Each Second Prize Winner will be offered the option of accepting Cash in lieu of the travel Prize outlined above.
Total (maximum) Prize Pool – $370,000. The value of the Prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winners and/or traveling companions. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel, and other accommodations are subject to availability. The Winners and their traveling companion must travel on same itinerary. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates and material restrictions may apply. No substitution, assignment or transfer of a Prize is permitted, except by Sponsor, who reserves the right to substitute a Prize with another of equal or greater value.
By accepting a Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winners must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. The travelling companions of the First and Second Prize Winners will each be required to complete a Travel Companion Waiver in the same timeline listed above. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of their Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within seventy-two (72) hours from the first notification attempt, if a potential Prize Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties, the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, pictures, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to their Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Florida; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business-size envelope, by January 15, 2023 to: ASC/KI NFT Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, Facebook, Google, Apple, Automobili Lamborghini S.p.A., or by any prize manufacturer, Sponsor or Participant in this Giveaway with no implied endorsement.
