MR BLACK X DE'LONGHI X MATERIAL KITCHEN HOLIDAY PACK SWEEPSTAKES T&CS

MR BLACK X DE’LONGHI X MATERIAL KITCHEN HOLIDAY PACK SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  MUST BE 21 YEARS OF AGE OR OLDER AND A LEGAL U.S. RESIDENT OF WASHINGTON, DC OR ONE OF THE FOLLOWING STATES: ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, FLORIDA, ILLINOIS, LOUISIANA, MAINE, MARYLAND, MASSACHUSETTS, MISSOURI, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK,, OREGON, TENNESSEE, TEXAS, WISCONSIN AND WASHINGTON STATE (COLLECTIVELY, “ELIGIBLE AREA”). VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW. 

  1. The MR. BLACK X DELONGHI X MATERIAL KITCHEN HOLIDAY PACK SWEEPSTAKES (“Sweepstakes”) begins on Monday, December 12, 2022 on or after 8:00 a.m. Eastern Time (ET)† and ends at 11:59:59 p.m. (ET) on Monday, December 19, 2022. 

†Actual start time on December 12 depends on when the Sweepstakes message is posted on the Instagram account page of Sponsor as per Rule 2 below.

  1. To enter: 
  1. From your public Instagram account, “follow” the official page of Mr. Black Spirits, @mrblackspirits, if you do not already.  As a requirement to follow @mrblackspirits, you must first verify that you are of legal age to consume alcohol beverages as per Instagram’s functionality. 
  2. In a comment to the Sweepstakes message on @mrblackspirits,  indicate your state of residence and tag three (3) friends with whom you’d like to share coffee cocktails. Each friend must (i) be eligible as per Rule 5 below; and (ii) have provided his/her consent to you before being tagged in your comment. The hashtag #MrBlackHolidayPackSweepstakes 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 Mr. Black Cold Brew Coffee Liqueur for a chance to win the prize.  Omission of the hashtag #MrBlackHolidayPackSweepstakes may result in voiding of entry and disqualification from the Sweepstakes. 
  3. Tell us which Instagram handle belongs to you.

(**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.)

BY POSTING A COMMENT, YOU REPRESENT AND WARRANT THAT ALL OF YOUR TAGGED FRIENDS MEET ALL OF THE PRECEDING CRITERIA; YOU UNDERSTAND AND AGREE THAT  IMPROPERLY TAGGING FRIEND(S) MAY RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES. 

Entrants’/tagged friends’ personal information will only be used for purposes of Sweepstakes administration, unless an entrant/tagged friend 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.diageo.com/PrivacyPolicy_en.html?locale=en-gb as well as Diageo’s Conditions of Use at 

https://footer.diageohorizon.com/dfs/assets/www.diageo.com/TnC_en.html?locale=en-gb.  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. 

A comment may include more than three (3) tagged friends, provided that all such tagged friends  meet all the criteria set forth above. A comment which violates this requirement will not result in entry.

Posting of comment on one’s private Instagram page (or in any place other than on @mrblackspirits) will not result in entry.

Should a comment include any content in addition to tagging three (3) friends: Any content, material or information included in 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.* No additional content shall (a) reference/depict persons consuming alcoholic beverages; (b) reference/depict 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; (e) include a reference to or depiction of any person who is or may be under 21 years of age; or (f) address a topic other than identifying qualifying persons with whom prospective entrant would like to share coffee cocktails. Obscene, provocative, lewd or otherwise objectionable content, that which reflects poorly on Mr. Black Spirits, De’Longhi America or Tokimeku Inc. d/b/a Material is prohibited and will not result in Sweepstakes entry (even if person posting such comment is eligible for the Sweepstakes and tagged at least three [3] friends in accordance with these Official Rules) and the determination of the appropriateness of any additional content is at the sole discretion of the Sponsor and/or the independent third party judging organization (“Judges”).  Should Sponsor, De’Longhi America, Tokimeku Inc. d/b/a Material or Judges identify any comments which are violative of the preceding requirements, Sponsor, De’Longhi America, Tokimeku Inc. d/b/a Material and Judges each reserve the right to petition Meta Platforms, Inc. to remove such comments from the 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 comment not being entered in the Sweepstakes; however, even if his/her entry is disqualified, such entrant may still function as a tagged friend of other entrant[s]).  

* Prospective entrant further represents and warrants that his/her identification of tagged friends in his/her comment/entry was with the prior consent of all such tagged friends and that such identification therefore does not infringe upon the rights of either tagged friend.

ADDITIONAL CONTENT POSTED BY PROSPECTIVE ENTRANTS AS PART OF THEIR COMMENTS REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE PROSPECTIVE ENTRANTS AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR, DE’LONGHI AMERICA OR TOKIMEKU INC. D/B/A MATERIAL IN ANY MANNER. NEITHER SPONSOR NOR DE’LONGHI AMERICA NOR TOKIMEKU INC. D/B/A MATERIAL WILL REVIEW ANY COMMENT PRIOR TO THE POSTING OF SAME BY PROSPECTIVE ENTRANTS AND EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION THEREWITH.

One (1) entry per person. Do NOT post a comment in response to Sweepstakes message more than once as this will result in disqualification of all entries.  A person may enter the Sweepstakes him/herself as well as being a tagged friend of one (1) or more other entrants.  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; however, even though he/she has been disqualified, such entrant may still function as a tagged friend of other entrant(s). A given Instagram account may only be used by one (1) person to post a comment and enter the Sweepstakes and/or to function as a tagged friend of other entrant(s).  

Sponsor is 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 (or to be included as a tagged friend of another in their comment on the Sweepstakes message, as the case may be) and qualify or the ability of the Sponsor to notify the winner. Sponsor assumes 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 @mrblackspirits does not constitute any representation of eligibility for the Sweepstakes nor is it otherwise binding upon Sponsor.

  1. Prize. One (1) Prize will be awarded. Prize is a Coffee Cocktail Holiday Pack consisting of: 
  1. One (1) Mr. Black gift package (includes tote bag, T-shirt, long sleeve T-shirt, espresso martini pin, trucker hat, glassware set, sticker pack, cocktail booklet, ice stamp).  Approximate Retail Value: $150; 
  2. Viski® 17 piece stainless steel barware set** (includes shaker tin, double jigger measure, muddler, crystal mixing glass, twisted bar spoon, 2 old-fashioned crystal drinking glasses, 6 silver drink picks). Approximate Retail Value: $99.99;
  3. DeLonghi® Laspecialista® Arte espresso machine (8 grind settings, 3 infusion temperature levels; includes barista kit), Approximate Retail Value: $799.95;
  4. Material Kitchen The Half Glass Set (color of Sponsor’s sole choosing; set of 4 [9 oz.] glasses), Approximate Retail Value: $50; and
  5. Material Kitchen The Full Glass Set (color of Sponsor’s sole choosing; set of 4 [12.6 oz.] glasses, Approximate Retail Value: $65.

**Trademark is used herein solely for purposes of prize identification. No sponsorship, endorsement, authorization or affiliation is intended or implied. 

Alcohol beverages are NOT part of the prize.   Prize will only be shipped to a street address in the Eligible Area. (The tagged friends in the winner’s entry will not receive any prize.)

Total Approximate Retail Value of Prize: $1164.94.

  1. Winner Determination: 

Winner will be selected in a random drawing on or about December 20, 2022 by Judges, whose decisions will be final in all matters relating to this sweepstakes. To the extent applicable, the additional content included in an entrant’s comment will not be taken into account in the winner selection procedure provided that the comment is in compliance with these Official Rules including the content guidelines set forth in Rule 2 above.  Odds of winning will be determined by the total number of eligible entries received.

Winner will be notified by direct message on or about December 20, 2022. BE SURE THAT YOUR INSTAGRAM SETTINGS ALLOW FOR @mrblackspirits TO CONTACT YOU VIA DIRECT MESSAGE INCLUDING SETTING YOUR INSTAGRAM PROFILE TO “PUBLIC.”

Winner will be required to sign an affidavit of eligibility, a liability release and a publicity release (where lawful) within ten (10) 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 contacted within two (2) business days, 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. 

  1. Eligibility:  This Sweepstakes is open only to legal U.S. residents of the Eligible Area (as defined above), who are 21 years of age or older at the time of entry. Void outside the Eligible Area and where prohibited or restricted by law. Employees of the following entities and members of their families or households are not eligible for participation (either as an entrant or a tagged friend of entrant) under any circumstances: Diageo Americas, Inc., De’Longhi America, Tokimeku Inc. d/b/a Material 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.  
  1. 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 or cash equivalent except at Sponsor’s sole discretion. Prize must be accepted in its entirety as awarded.  Prize elements may differ from depictions of same in Sweepstakes advertising (including Sweepstakes message) on @mrblackspirits Instagram account and/or elsewhere in terms of style, size, color or otherwise. Sponsor reserves the right to ship various prize elements to winner separately. Prize is non-transferable (in whole or in part) except at the sole discretion of the Sponsor. 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.    

Entrants hereby agree to indemnify and hold Sponsor, De’Longhi America, Tokimeku Inc. d/b/a Material and Meta Platforms, 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. SPONSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND REGARDING THE PRIZE (OR ANY ELEMENT OF SAME), INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE. THE ONLY WARRANTIES ON A GIVEN ELEMENT OF THE PRIZE (IF ANY) ARE THOSE OF THE CORRESPONDING PRIZE MANUFACTURER/SUPPLIER. 

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 a 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, De’Longhi America, Tokimeku Inc. d/b/a Material as well as Meta Platforms, 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.  

  1. 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 is 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 is 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.
  1. Winner’s List:  For winner’s list, please send a request via e-mail to [email protected] Be sure to include MR BLACK HOLIDAY SWEEPSTAKES WINNER in the subject line.   All requests for the winners’ list must be received by January 19, 2023 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

MR BLACK Coffee Liqueur. 25% Alc/Vol. Diageo, New York, NY.

Please Drink Responsibly.