Kroger “Private Selection Burger Nation” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PRODUCT PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND A VALID KROGER SHOPPER CARD ARE REQUIRED TO ENTER.
1. ELIGIBILITY: The Kroger “Private Selection Burger Nation” Sweepstakes (“Promotion”) is offered and open only to legal residents of the fifty (50) United States and the District of Columbia (except FL, NY, RI, AK and HI) (“United States”) who are 18 years of age or older at time of entry and who currently reside in the United States. Employees, officers and directors of The Kroger Co. (“Sponsor”), You Technology LLC. ("Administrator"), and their respective parents, affiliated and subsidiary companies (including each of the Stores listed herein), advertising and promotional agencies, and those individuals or entities involved in the preparation of materials and/or administration of this Promotion (collectively referred to herein as the “Promotion Entities”), each of their immediate family members (parents, siblings, children and spouse including foster and step-relations, wherever they reside) or household members (whether or not related) are not eligible. Groups, clubs, organizations, commercial entities, and businesses are not eligible to participate. Participants must have a participating Kroger Family of Stores Shopper Card which may be obtained without cost.
2. PROMOTION PERIOD: Promotion starts on or about 9:00 am Eastern Time (“ET”) on or about April 28th, 2014 and ends on or about 8:59 pm ET on or about June 6th, 2014 (“Promotion Period”). All time referenced herein is Eastern Time. Administrator’s server’s clock is the official time keeping device for the Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
3. HOW TO ENTER: During the Promotion Period, register by visiting burgernation.privateselection.com "Website", click on the Sweepstakes callout. You will then be required to select your store. Once your store has been selected sign into your Shopper Card account and agree to these Official Rules and click "Submit" to enter (“Entry”). If you do not have a Shopper Card account, follow the instructions to register online or sign up in-store and then create an online account at one of the Websites below. Creating an account is free.
Entrants will receive a message confirming Entry has been received. All Entries must be received within the Promotion Period. Limit of one (1) Entry per person/Shopper Card account/household per day across all banners. By entering, you agree to be bound to these Official Rules, the decisions of the Sponsor and Administrator (and their designees and authorized representatives) which are final and binding in all aspects.
Below are participating Kroger and affliated retailer Websites:
King Soopers: www.kingsoopers.com
City Market: www.citymarket.com
Fred Meyer: www.fredmeyer.com
Food4Less Fremont: www.food4lessfremont.com
Once submitted, Entry cannot be modified, deleted or cancelled. Entrants may not enter through a sweepstakes club (or similar method), with multiple identities, Shopper Card accounts, e-mail and/or street addresses, nor shall entrants use any other device or artifice to enter more than the permitted number of times. Any entrant who is suspected of cheating, using fraudulent means, spamming, phishing, robotic, automatic, bots, macro, programmed, or any other unauthorized entry methods, or otherwise attempts to participate more than permitted, or with multiple e-mail and/or addresses, or under multiple identities will be disqualified. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Shopper Card will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right, at their absolute discretion to refuse, disqualify, or withdraw any Entry and/or entrants at any time during or after the Promotion Period, and if previously adjudged a winner, to require immediate prize forfeiture and return.
Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected, ineligible or illegible Entries; computer/server, telephone, network, electronic, digital, wireless, mobile, or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry or other information, or failure to capture any such information. Proof that you uploaded an Entry is not proof of its receipt or eligibility for the Promotion. Incomplete or otherwise noncompliant Entries will not be considered. Entries submitted via any other channel(s) will not be eligible for the Promotion.
4. DRAWING/NOTIFICATION: On or about ten (10) business days after the end of the Promotion Period, a random drawing will be held by Administrator (or its authorized representative) from all eligible Entries received during the Promotion Period. Potential winners will be notified by telephone and/or email (in Sponsor’s sole discretion) on or within approximately one (1) week of the drawing and may be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release within the time specified by Sponsor, or else prize will be forfeited and may be awarded to an alternate potential winner Potential winners may be required to sign additional documentation upon Sponsor’s request, depending on the applicable prize, or else prize will be forfeited and awarded to an alternate potential winner. Only the description and number of prizes stated herein will be awarded. In no event will the Promotion Entities be responsible for awarding more than the stated number of prizes.
5. PRIZES/ODDS: All Prize awards are subject to final verification of eligibility and compliance with these Official Rules. Limit one (1) prize per person/Shopper Card account/household.
Prize (1): One (1) Summit Brand LP Gas Grill, Model #7371001-Summit ® E-670™ LP Gas Grill, ARV of Prize: $2499.00
The odds of winning a prize depend on the number of eligible Entries received during the Promotion Period.
Prizes must be accepted in their entirety or will be forfeited. Any element of a prize that is unclaimed, unused, or not (timely) redeemed will be forfeited. No transfer, assignment or substitution of a prize (in whole or in part) is permitted, except Sponsor reserves the right to substitute a prize of equal or greater value. In no event will Sponsor be responsible to award more than the stated number of prizes. Prizes may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any channels of distribution. Any depiction of the prize in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. Any difference between actual value of prize and stated approximate retail value will not be awarded as cash, or otherwise.
Sponsor reserves the right to and may conduct a voluntary background check on a potential winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor, its brands, products and services, this Promotion or the Promotion Entities as determined by Sponsor in its sole discretion. Any potential winner who refuses or fails (in Sponsor’s sole and absolute discretion) the voluntary background check will forfeit the potential prize.
All federal, state and local taxes are the sole responsibility of a prize winner, who will be issued an IRS Form 1099. Except for any standard manufacturer’s warranty PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE QUALITY OR CONDITION OF A PRIZE AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. GENERAL: By participating, entrants agree to abide by and be bound to these Official Rules and the decisions of the Sponsor (and its authorized representatives) which are final and binding in all respects. In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two (2) separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner will be randomly selected. If the prize remains unclaimed after three (3) separate attempts to contact a potential winner, the prize will not be awarded. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded. By entering and/or accepting a prize, entrants and winners hereby irrevocably consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, voice as well as any statements made by winners regarding the Promotion or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, mobile devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
7. LIMITATIONS OF LIABILITY: Promotion Entities assume no responsibility for any unauthorized human intervention, human error, or the incorrect or inaccurate capture of entry or other information; nor for the failure to capture any such information. If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any part thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select winners at random from eligible, non-suspect entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Persons suspected of tampering with or abusing any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants’ or to any other person's computer or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the website.
Promotion Entities shall not be liable to winner or any other person for failure to execute the Promotion, or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, event/talent cancellation, illness, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control. Promotion Entities are not responsible for any typographical or other error in the printing of promotional materials, and/or administration of the Promotion or in fulfillment or announcement of the prizes. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, THE ADMINISTRATOR, PRIZE SUPPLIERS, THEIR AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION, OR ANY ELEMENT THEREOF. Participants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision.
8. DISPUTE RESOLUTION/CHOICE OF LAW/JURISIDICTION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OHIO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Hamilton County, Ohio. Entrants expressly agree and consent to the subject matter and personal jurisdiction of the arbitrator, and any and all awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees and under no circumstances will 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 participant and/or Sponsor and/or Administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the state of Ohio without regard to conflicts of law principles.
9. WINNER’S LIST: For the name of prize winner, mail a self-addressed, sufficiently U.S. postage stamped envelope, with a winner’s list request to Kroger “Private Selection Burger Nation” Sweepstakes, Winners List request, You Technology LLC. at 701 Gateway Boulevard, Suite 101, South San Francisco, CA 94080. Requests must be received by August 1st, 2014. Limit one (1) request per person, or household address.
10. SPONSOR: The Kroger Co., 1014 Vine Street, Cincinnati, OH 45202.
11. ADMINISTRATOR: You Technology LLC., 701 Gateway Boulevard, Suite 101, South San Francisco, CA 94080