2022 KROGER RACING “STOCK UP, FUEL UP & WIN” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. WHO IS ELIGIBLE TO ENTER: The 2022 Kroger Racing "Stock Up, Fuel Up & Win" Sweepstakes ("Sweepstakes") is open to individuals in the state of Florida and/or place an order from Kroger for delivery who are age of majority or older in their state of residence by January 12, 2022. The Sweepstakes is not open to employees (and their immediate family or household members, whether or not related) of Brand Activation Maximizer ("Sponsor") or Kroger and each of their respective parent and subsidiary entities and advertising, marketing, prizing and fulfillment service providers.
2. WHEN TO ENTER: The Sweepstakes begins at 12:00:01 AM Eastern Time ("ET") on January 12, 2022 and ends at 11:59:59 PM ET on February 11, 2022 (" Entry Period"). Sponsor's computer system is the official time keeping device for the Sweepstakes.
3. HOW TO ENTER:
a) Electronic Entries: When a Kroger loyalty card holder places a delivery order on Kroger.com for delivery in Florida during the Sweepstakes Period, the Card holder will receive one (1) automatic entry into the Sweepstakes, or the Kroger loyalty card holder will receive two (2) entries for a redemption of fuel points at any Shell location in Florida only. If one does not have a Kroger Loyalty Card, he/she may go to kroger.com to create an account. Once an account has been created go to https://www.kroger.com/account/add-card . And either add your Kroger Plus card or select/ create a new alt ID option and enter a 10-digit alt ID number. No purchase necessary to obtain a card. Must have a Kroger.com digital account to win.
b) Mail-In Entry: You may enter by legibly hand printing in ink name, complete mailing address, including zip code, daytime and evening phone numbers and age on a plain 3” x 5” card and mailing the properly completed 3” x 5” card in a hand addressed #10 envelope with proper postage affixed to: Kroger Racing Fuel Points Sweepstakes, P.O. Box 580, Harrisburg, NC 28075. All mail-in entries must be postmarked by February 11, 2022 and received by February 15, 2022. Limit of one mail-in entry per envelope. Mail-in envelopes larger than a #10 envelope will be automatically disqualified.
4. No mechanically reproduced, forged, or altered entries are permitted. There will be no verification of receipt of entries. All entries submitted become the sole property of the Sweepstakes Entities and will not be returned.
Proof of entry submission is not proof of receipt by Sponsor. Robotic, programmed, script, macro or other automated entries are prohibited. Each entry is deemed made by the natural person assigned the email address by the entity that is responsible for assignment of email addresses for the domain associated with such person's email address.
5. PRIZES AND ODDS OF WINNING.
One (1) Grand Prize: One Grand Prize winner will receive a prize package for two to the 2022 Cup race of choice. The Grand Prize includes: Two (2) round-trip coach class air transportation tickets (within the 50 states of the USA) from a major airport closest to the winner’s home to the city closest to the race; three (3) nights hotel accommodations at a Sponsor specified hotel, based on double occupancy; two (2) Cup tickets, two (2) Xfinity Series tickets and a $500.00 Visa Gift Card for meals and incidentals. Additional transportation not included. The Approximate Retail Value (ARV) of the Grand Prize is $3,000.
Ten (10) First Prize: Ten First Prize winner will receive a $50 Kroger Credit to spend on Kroger Delivery and a $50 Shell Gift Card. The Approximate Retail Value (ARV) of First Prize: $100.00.
Sponsor reserves the right to substitute any prize or prize component with a prize or prize component of equal or greater value, but no other substitution or transfer is permitted. Sponsor is responsible only for prize delivery and is not responsible for a prize's utility to its winner. All taxes,
fees and other expenses acceptance and use of a prize but not specifically described in these
Official Rules are the responsibility of prize winners. All other prize details are determined by Sponsor in its sole discretion. ALL PRIZES ARE AWARDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR.) Odds of winning a prize depend on the number of eligible entries received. Prize Limit: one prize per person or household.
6. DRAWING. Sponsor will select winners in a random drawing ("Drawing") on or about February 18, 2022 from among all eligible entries received. Sponsor's decisions are final in all matters relating to the Drawing.
7. WINNER NOTIFICATION & VERIFICATION. Sponsor will notify winners by telephone or email on or after February 18, 2022. The Grand Prize winner is (and other prize winners may be) required to execute and return an Affidavit of Eligibility/Liability/Publicity Release (including income tax forms) within seven (7) days after notification date. Sponsor may, in its sole discretion, disqualify any winner if his or her winner notification or other communication is returned as undeliverable or if he or she does not respond within the timeframe specified in the winner notification. If a selected winner is disqualified, Sponsor reserves s the right to select an alternate winner and award any un awarded prize if time and circumstances allows. Sponsor will deliver the prizes within three weeks after completion of the winner notification and verification process.
8. ENTRANT AGREEMENT AND RELEASE. IN CONSIDERATION OF THE OPPORTUNITY TO PARTICIPATE IN THIS SWEEPSTAKES:
• YOU WARRANT TO SPONSOR THAT YOU MEET THE SWEEPSTAKES' ELIGIBILITY REQUIREMENTS AND PROVIDE YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
• YOU AGREE THAT ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, PARTICIPANT'S RIGHTS AND OBLIGATIONS, OR THE RIGHTS AND OBLIGATIONS OF THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES.
• YOU AGREE TO THE JURISDICTION AND VENUE OF THE FEDERAL, STATE AND LOCAL COURTS LOCATED IN NORTH CAROLINA, UNLESS THIS CHOICE OF JURISDICTION AND VENUE IS RESTRICTED OR PROHIBITED BY LAW.
• EXCEPT WHERE PROHIBITED, YOU AGREE THAT: (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE GRAND PRIZE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS ARE LIMITED TO ACTUAL YOUR OUT-OF-POCKET COSTS BUT IN NO EVENT ATTORNEYS' FEES; AND (Ill) UNDER NO CIRCUMSTANCES ARE YOU PERMITTED TO OBTAIN AWARDS FOR AND YOU HEREBY WAIVE ALL RIGHTS TO (A) CLAIM INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (8) HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
• YOU RELEASE AND HOLD HARMLESS SPONSOR, BRAND ACTIVATION MAXIMIZER AND THEIR RESPECTIVE PARENT AND SUBSIDIARY ENTITIES, AFFILIATES, AGENTS AND ADVERTISING AND PROMOTIONAL AGENCIES AND THE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS OF EACH (COLLECTIVELY, "SWEEPSTAKES PARTIES") FROM ANY DAMAGE, PHYSICAL HARM, INJURY, LOSS OR LIABILITY, DUE IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATED TO PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, USE OR MISUSE OF A PRIZE.
• BY ACCEPTING A PRIZE, YOU AGREE TO USE OF YOUR NAME, ADDRESS, LIKENESS, STATEMENTS, BIOGRAPHICAL INFORMATION, VOICE AND PRIZE INFORMATION FOR PROMOTIONAL PURPOSES (INCLUDING THE WINNER'S LIST)
IN ANY MEDIUM WORLDWIDE WITHOUT ADDITIONAL COMPENSATION TO THE EXTENT PERMITTED BY LAW.
CALIFORNIA RESIDENTS: BY PARTICIPATING IN THIS SWEEPSTAKES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. GENERAL TERMS OF PARTICIPATION. This Sweepstakes is void outside the state of Florida and where prohibited, taxed or otherwise restricted by law. All applicable federal, state and local laws and regulations apply. Sweepstakes Parties are not responsible for: late, lost, incomplete, undeliverable, misaddressed or misdirected entries, mail, email or other communications; errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, mobile devices and other communications devices, software and their settings; or corruption, theft, destruction or other unauthorized access to or alteration or loss of Sweepstakes-related data and materials outside Sponsor's reasonable control. Sponsor reserves the right to restrict participation from any IP or MAC address or device if suspicious activity is detected or suspected. Sponsor assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user's Internet service provider or for insufficient space in user's email account to receive email. Sweepstakes Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Sweepstakes. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes if for any reason this Sweepstakes cannot be conducted as designed or intended. If Sponsor modifies, terminates or suspends this Sweepstakes, Sponsor will post a notice at kroger.com/fuelpointsatshell.com and, if time and circumstances allow, determine procedures for awarding prizes. Sponsor reserves the right, at its sole discretion, to disqualify any participant from this Sweepstakes or any other promotion conducted by Sponsor or any of its affiliates if his or her fraud or misconduct disrupts the intended execution of this Sweepstakes. Sponsor also reserves the right to correct errors or inconsistencies in promotional materials or in the announcement of prizes. If Sweepstakes-related promotional materials and these Official Rules are inconsistent, then the Official Rules shall govern with respect to this Sweepstakes. Sponsor undertakes no liability or responsibility, and makes no warranties, express or implied, with respect to any failure to perform or negligent performance of any service provider assisting with execution of this Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNERS LIST. For the names of the prize winners in this Sweepstakes, which will be available after the notification and verification processes are complete, send a self-addressed, stamped envelope postmarked by April 1, 2022, with a written request to: Kroger Racing "Stock Up, Fuel Up & Win" Sweepstakes, P.O. Box 580, Harrisburg, NC. 28075. (For protection of winner's privacy, only a winner's first name, first initial of last name and state of residence is provided.)
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