KitchenAid/Senior PGA Championship Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. TWITTER ACCOUNT IN GOOD STANDING REQUIRED. VOID WHERE PROHIBITED.
1. Eligibility: The KitchenAid/Senior PGA Championship Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and must have a valid ID. The Employees of Whirlpool Corporation, Harbor Shores Resorts , Kemper Lesnik, and the promotional agencies involved in this Sweepstakes, and their parents and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. By entering this Sweepstakes, Entrants agree that they have read these Official Rules, the Twitter terms and policies and agree to abide by and to be bound by the terms and conditions of the Official Rules. False and/or deceptive entries or acts shall render entrants ineligible. Sponsors’ and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Whirlpool Corporation, 2000 N. M-63 Benton Harbor, MI 49022. Administrator: Kemper Lesnik 10 S. Riverside Suite 1800 Chicago, IL 60606
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER. WHEN ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR BUT NOT TO TWITTER. BY PARTICIPATING IN THIS PROMOTION YOU AGREE TO A COMPLETE RELEASE OF TWITTER FROM ANY CLAIMS.
3. Timing: The Sweepstakes begins on November 1st, 2021 at 12:00 PM Eastern Time (“ET”) and ends on November 15th, 2021 at 12:00 PM ET (the "Sweepstakes Period"). Administrator’s computer is the official clock for the Sweepstakes.
4. How to Enter: To enter the Sweepstakes, entrant (“Entrant”) must be a registered member of Twitter with an account in good standing; at the time of entry, the Twitter account must be active for no less than 30 days and must have a profile picture. To become a registered member of Twitter (registration is free), go to www.twitter.com and follow the instructions to become a registered member and create an account (“Account”).
Once registered for an Account, to enter during the Sweepstakes Period:
(A) Entrant must log into his/her Twitter Account during the Sweepstakes Period, (B) follow @KitchenAid_Golf, and (C) send out one (1) “retweet” of the image posted to the KitchenAid/Senior PGA Championship Sweepstakes image (the “Sweepstakes Image”) to receive one (1) entry into the Sweepstakes (“Entry”).To receive an eligible Entry, an Entrant must include ONLY the Sweepstakes Image and the one (1) Hashtag in a single tweet.
Limit one (1) Entry per Twitter Account (regardless of whether one (1) person has more than one (1) Twitter Account/e-mail address or more than one (1) person uses the same Twitter Account/e-mail address) during the Sweepstakes Period. Any attempts by an Entrant to submit more than one (1) Entry total may result in such Entrant being disqualified. Any attempt by any Entrant to enter by using multiple/different Twitter Accounts, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified, at the sole discretion of Sponsors.
Use of any automated system to participate is prohibited and may result in disqualification. Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Twitter Account from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the e-mail address used to create the Twitter Account associated with an Entry, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with relevant e-mail address. No automatically generated Entries will be accepted.
5. Prizes: There will be one(1) Grand Prize Package awarded following the conclusion of the promotion period. The Grand Prize Winner, upon confirmation of eligibility, will receive the following prize package (Total Approximate Retail Value (“ARV”): up to $2,584.98)
KitchenAid Burr Grinder - MSRP $199.99
KitchenAid Semi-Automatic Espresso Machine - MSRP $399.99
One (1) night Stay at the Harbor Shores Champions Villa - $1,200.00
One (1) Round of Golf for four (4) at Harbor Shores – ARV $175.00 per person (up to 4 people: $700.00)
Flex four-pack “Any day” tickets to the Senior PGA Championship - $60.00
Senior PGA hat – ARV $25.00
THE GRAND PRIZE DOES NOT INCLUDE TRAVEL FROM THE GRAND PRIZE WINNER’S HOME TO BENTON HARBOR, MICHIGAN. All expenses and incidental travel costs not expressly stated in the Grand Prize Package description above, including but not limited to: ground transportation, airfare, personal charges at lodging, telecommunication charges, dining, or other expenses or incidentals are not included and are the responsibility solely of the Grand Prize Winner. 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.
Prizes will be shipped to the address provided by the Entrant at the time of Winner Notification. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. The Grand Prize Package is not redeemable for cash. If the Grand Prize Winner is unable to redeem the package within the time period required, the prize will be forfeited. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
6. Prize Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around Saturday November 20, 2021 at 12:00 PM CT. The potential winners will be contacted via Twitter Direct Messages on the Twitter account used to enter the Sweepstakes (“Winner Notification”). To claim a Prize, a Winner must follow the directions in his or her Winner Notification.
Sponsor may share each potential Winner’s name and contact information with Promotion Parties and/or any prize provider, as applicable, if necessary. If we do not hear back from the first winner within three (3) business days, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Only three (3) alternate drawings of remaining eligible entries will be held, after which the prize will remain un-awarded.
Each potential winner will be required to sign and return an Affidavit of eligibility, Release of Liability, and where not prohibited a Publicity Release ("Declaration") and an IRS Form W-9 which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason,. Allow eight (8) to twelve (12) weeks for delivery of prizes.
7. Release: By receipt of any prize, winners agrees to release and hold harmless Sponsor, promotional partners, Administrator, Twitter, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, 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 Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s express consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for advertising, trade, promotional or publicity purposes in any form of media now known or hereafter developed, worldwide in perpetuity, without further notice, review or approval, permission or compensation. If you do not agree to these terms, you should not participate in the Sweepstakes.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole 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. 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 the Official Rules of this 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.
10. Intellectual Property: Entrants, upon submission of their entry to the Sweepstakes, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, during the Entry Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Sweepstakes, and all elements, images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in the Sweepstakes. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Sweepstakes, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Sweepstakes. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a Winner, Sponsor may request that the entrant’s submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. All submissions that are posted on Instagram are available to be viewed by anyone with access to the Internet. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to the Sweepstakes, including interpretation and application of these Official Rules. Each entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name (first name and last initial), address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.
11. Representations, Warranties, and Indemnity: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission to any other third party. Further, each entrant represents and warrants that Sponsor’s use of any submission shall not violate an agreement to which such entrant has signed. Entrants agree (as permitted by applicable law) to indemnify and hold the Released Parties harmless from and against any third party claims, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.
12. 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes 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, if it is possible. 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 the 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, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Winner List: For the Winner List, Direct Message @KitchenAid_Golf.
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