Take Steps Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: Take Steps Sweepstakes (the "Promotion") is open only to legal residents of the 50 United States and the District of Columbia (excluding Rhode Island), who are at least 18 years old at the time of entry. Employees of The Kroger Co., and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: The Kroger Co., 1014 Vine Street, Cincinnati, OH 45202. Administrator: American Sweepstakes & Promotions Co., 300 State Street, Suite 402, Rochester, NY 14614.
- Timing: The Promotion begins on February 1, 2010 at 12:00 a.m. Eastern Time ("ET") and ends on February 28, 2010 at 11:59 p.m. ET (the "Promotion Period "). Sponsor's computer is the official time keeping device for this Promotion.
- How to Enter: You can register by visiting www.StepsThatChange.com during the Promotion Period and completing the registration form by providing your first and last names, a valid email address, State, City, and a valid phone number. Upon completion of the registration, you will automatically receive one entry into the Grand Prize drawing. Once you complete the registration form, you will have the option to take a pledge to live a healthier life. The choice to take or not take the pledge will not affect your Sweepstakes entry (i.e. the pledge is not binding). Limit: Each participant may receive one entry into the Grand Prize drawing, per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple email addresses, identities, registrations and logins, or any other methods will void that entrant's plays and entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The &authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
- Sweepstakes Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion. Administrator will randomly select the potential Sweepstakes winners, from all eligible entries received for the drawing, on or around March 10, 2010.
- ANY potential WINNER IS subject to verification by Sponsor or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. any entry that occurs after the system has failed for any reason is deemed a defective entry and is void and will not be honored.
- Verification of Potential Winners: The potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. The potential Sweepstakes winners will be notified by mail, email or phone. Except where prohibited, each potential Sweepstakes Prize winner (parent or legal guardian if winner is a minor in his or her state of residence) will be required to sign and return to Administrator, within 10 days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his or her prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Sweepstakes Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three alternate drawings after which the prize will remain unawarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
- Prize: Three (3) Grand Prize winners will each receive a $1,000 Kroger Gift Card. Odds of winning the Grand Prize depend on the total number of eligible entries received during the Promotion Period. Kroger gift card may be used at any store owned or operated by Kroger. Limit: One Sweepstakes prize per person. Winners must comply with all terms and conditions of gift card. No cash equivalent and all prizes, unless noted otherwise in the prize description, are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
- Release: By receipt of any prize, winners agrees to release and hold harmless Sponsor, and their respective subsidiaries, affiliates, suppliers, distributors, advertising and promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
- Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend, or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Ohio or the appropriate Ohio State Court located in Hamilton County, Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
- Entrant's Personal
Information: Information collected from entrants is subject to the
Sponsor's Privacy Policy (http://www.kroger.com/
company_information/Pages/ ).privacy_policy.aspx - Winner List: To request the name of the Grand Prize Winner, please send a self-addressed, stamped, business-size envelope to: Kroger "Take Steps" Winner's List Request, 300 State Street, Suite 402, Rochester, NY 14614. Requests must be received by April 30, 2010.