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#STANDMIXERSELFIE GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. GIVEAWAY. The #StandMixerSelfie promotion (“Giveaway”) begins on May 2, 2016 at 12:01 a.m. ET and ends on May 18, 2016 at 11:59 P.M. ET (the “Giveaway Period”). The Giveaway is sponsored by Whirlpool Corporation (“Whirlpool”), located at 2000 N. M-63, Benton Harbor, Michigan 49022-2692. The Giveaway is administered by KemperLesnik, 10 S. Riverside Plaza, Suite 1844, Chicago, IL 60606.
2. ELIGIBILITY. The Giveaway is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. By participating, entrant agrees to abide by these Official Rules and the decisions of Whirlpool, which are final and binding in all respects. The Giveaway is void outside of the United States and where prohibited. All entries must be received during the Giveaway Period. Late, ineligible or incomplete entries are void. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. Entries will not be returned or acknowledged. Entrants waive all rights and remedies at law or in equity for any claim they may have relating to this promotion.
3. HOW TO ENTER. During the Giveaway Period tweet @KitchenAid_Golf with a selfie photo of yourself with any of the nine (9) KitchenAid Stand Mixer pedestals located throughout Benton Harbor, Michigan, St. Joseph, Michigan, Grand Rapids, Michigan, South Bend, Indiana, and their surrounding areas. The hashtag “#StandMixerSelfie” and the hashtag “#sweepstakes” must be included in your tweet (entry tweets and photos shall hereinafter be collectively referred to as “Entry Materials”). The same photo or pedestal location cannot be submitted more than once by a participant throughout the Giveaway Period. Limit one (1) entry per person during the Giveaway Period. Entry Materials must be the sole original work of the entrant and may not include any individuals other than the entrant or any third-party materials. Entry Materials may not be offensive, as determined by the Whirlpool in its sole discretion, nor may they defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's rights. Entry Materials may not contain obscene, lewd, offensive, defamatory or inappropriate images or text. Any Entry Materials or portion thereof that is, in the Whirlpool’s sole discretion, in violation of these Official Rules will be void. Whirlpool is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received by Whirlpool on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in this promotion. Whirlpool reserves the right, in its sole discretion, to cancel or suspend the Giveaway should a virus, bug or other cause beyond the reasonable control of Whirlpool corrupt the security or proper administration of the Giveaway. Any attempt to deliberately damage any website or undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Whirlpool reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
4. SELECTION OF WINNERS. Upon completion of the Giveaway Period at 11:59 P.M. ET on May 17, 2016, fourteen (14) potential winners will be selected from among all eligible entries received during the Giveaway Period. All potential winners will be asked via Twitter by @KitchenAid_Golf within 48 hours of selection to Direct Message their preferred contact information. If a potential winner does not respond with a Twitter Direct Message to @KitchenAid_Golf within three (3) business days of his or her potential winning mention, or if any winner does not meet the eligibility criteria, such potential winner will be disqualified and a new potential winner will be chosen. Winners may be required to execute a liability and (where lawful) publicity release as a condition of receiving a prize. If, in Whirlpool’s sole discretion, there is any suspected or actual evidence that the integrity of the Giveaway has been compromised, Whirlpool reserves the right to terminate the Giveaway and to award the prizes using all eligible entries received as of the termination date. Should the Giveaway be terminated prior to the stated expiration date, notice will be posted on the @KitchenAid_Golf Twitter page online at https://twitter.com/KitchenAid_Golf.
5. PRIZES AND ODDS OF WINNING. The following prizes will be awarded in the Giveaway:
One (1) winner will receive an Artisan® Series 5-Quart Tilt-Head Stand Mixer (Approximate Retail Value (“ARV”): $430.00)
Three (3) winners will each receive a KitchenAid® Professional Hard Anodized Nonstick 10" and 12" Skillets Twin Pack (ARV: $125.00 each)
Ten (10) winners will each receive two (2) tickets to the Senior PGA Championship (ARV: $50.00 per pair)
The total ARV of all prizes awarded during the Giveaway Period is $1,305.00. Dollar amounts are expressed in U.S. currency. Odds of winning depend on the number of eligible entries received for the Giveaway. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed, except by Whirlpool in its sole discretion. Income and other taxes, if any, on prizes are the winners’ sole responsibility.
6. LICENSE AND RELEASE. By entering the Giveaway, each entrant grants to Whirlpool an exclusive, royaltyfree, worldwide, perpetual and irrevocable right and license to display, distribute, reproduce, publish and create derivative works of their Entry Materials, in whole or in part, in any media now existing or subsequently developed, for any Whirlpool purpose, including, but not limited to advertising and promotion of Whirlpool and its website, exhibition, and commercial products. Whirlpool will not be required to pay any additional consideration or seek any additional approval in connection with such uses. By entering the Giveaway, each entrant grants to Whirlpool the perpetual, royalty free right to record, use, publish, and broadcast the entrant’s photograph, picture, portrait, video, likeness, name, biographical data or voice recording, or any material containing or based upon or derived therefrom, in any and all media and for any purposes, including all types of advertising and promotion of the licensed parties, without limitation. b. Except where prohibited, by entering this Giveaway, entrant agrees to hold harmless Whirlpool and its affiliates and the officers, directors, employees and agents of each (individually and collectively for the purposes of this Paragraph) from and against any and all claims, injuries, losses or damages related in any way to the entrant’s participation in this promotion, including Whirlpool’s reliance upon the entrant’s compliance with these rules, acceptance and/or use of any prize, and the entrant’s agreement that Whirlpool may use his or her name and/or biographical data for advertising and promotional purposes on any and all media without additional compensation.
7. DISPUTES AND LIMITATION OF LIABILITY. Entrant agrees that: (A) any and all disputes, claims and causes of action arising out of or connected with the Giveaway or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Michigan (Eastern Division) or the appropriate Michigan State Court located in Berrien County, Michigan; (B) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway but in no event attorneys’ fees; and (C) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Whirlpool in connection with the Giveaway, 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. All federal, state and local laws and regulations apply.
8. WINNER INFORMATION. For the names of the winners, visit the @KitchenAid_Golf Twitter page online at https://twitter.com/KitchenAid_Golf. Winners will be posted on the @KitchenAid_Golf Twitter page for at least two (2) weeks following the end of the Giveaway Period.
Kitchenaid Product Information VIA SMS / MMS
The Services and "Opting In": “The Services” consist of providing KitchenAid product information to consumers who sign up to receive such information via SMS or MMS messages. By texting one of the keywords featured on select KitchenAid products to 585858 and then responding with YES to our first message to you, you have chosen to receive The Services based on these KitchenAid Product Information Via SMS/MMS Terms and Conditions (“Terms”).
What We Will Send You When You Sign Up to Receive Product Information From KitchenAid Via Text Message: For each KitchenAid product (each, a “Product”) you agree to receive information via text message, you are expressly consenting to receive up to five messages containing information about that Product. The information you receive for each Product may include several seconds of product information footage and/or advertising content. Texts may be sent via an automatic telephone dialing system. There is no purchase necessary to receive messages. If you reply to any of these messages, you may receive additional response messages.
Stopping Our Messages: You may opt out of, stop receiving and cancel The Services at any time by texting the word STOP to 585858 from the enrolled mobile device. If you sign up for The Services through more than one mobile device, you must opt out from each device. If you opt out of receiving messages relating to a Product, you will receive one additional message confirming that you will no longer receive messages related to any Product.
Updates to These Terms: If we update these Terms we will send you a SMS or MMS message letting you know. That message will allow you to view the changed Terms. If you are not comfortable with or object to any of the changes we have made, please opt out and cancel The Services at any time by texting the word STOP to 585858 from the enrolled mobile device. If you sign up for The Services through more than one mobile device, you must opt out from each device.
Message and Data Rates May Apply; Your Carrier May Charge You For These Messages. We do not charge a fee for The Services, nor do you need to make any purchase with us to receive The Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send to you or that you send to us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of The Services.
Help: Text HELP to 585858 for help at any time or call 1-800-422-1230.
Delivery Not Guaranteed: The Services may not be available in all areas at all times, and may not be supported by all wireless carriers or handsets. The Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. If you opt-out, but then receive another SMS/MMS, it may be due to one of these failures.
Privacy: Information collected through your use of The Services may include your cell phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you to provide The Services. All information collected is governed by our Privacy Statement, which can be found at www.kitchenaid.com/privacy (which may be updated from time to time with or without notice). By using and accepting The Services, you acknowledge having received notice of our Privacy Statement
Your Wireless Service: You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier and be able to receive text messages using that wireless device and your carrier’s service. We cannot otherwise deliver The Services to you. Participating carriers include: ACS Wireless, AIO Jasper Wireless, AT&T, Advantage Cellular Systems, All West Communications, Alltel, Appalachian Wireless, Bluegrass Cellular, Boost, CTC Telecom, Cable Vision, Carolina West Wireless, Cellcom, Cellular One of East Central Ill, Cellular One of N.E. PA, Cellular South, CellularOne of NE AZ, Chariton Valley Cellular, Chat Mobility, Cincinnati Bell, Copper Valley Telecom, Cricket (Leap Wireless), Duet IP, Eagle Telephone System, East Kentucky Network, Element Mobile, Epic Touch, Farmers Mutual Telephone, GCI Communications, Gold Star Communications, Golden State, IWireless, Illinois Valley, Immix Wireless, Inland Cellular, Iowa Wireless Svc, Leaco Rural Telephone Cooperative, MTA Wireless (Matanuska Kenai), MTPCS Cellular One, Manti Tel, Metro PCS, Mobi PCS, MobileNation, Mosaic Wireless, NTELOS, Nemont Sagebrush Cellular, Nex-Tech Wireless, Nextel, Northwest Missouri Cellular, Nucla-Naturita Telephone Company, Panhandle Wireless, Peoples Wireless, Pine Telephone, Pioneer Cellular, Plateau Wireless, Revol Wireless, Rural Independent Network Alliance, SRT Communications, South Central Utah, SouthernLINC Wireless, Sprint, Syringa Wireless, T-Mobile, Thumb Cellular, TracFone (AT&T), UBET, US Cellular, Union Telephone, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile USA and West Central Cellular.
No Resale: You may not use, sell or otherwise exploit The Services for any commercial purposes.
Hacking and Similar Activity: You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of our systems or networks, or any systems or networks connected to The Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of The Services or with any other person’s use of The Services. You may not attempt to gain unauthorized access to any systems or networks connected to The Services.
Cancellation of The Services: The Services may be cancelled without prior notice to you. If The Service is cancelled, you will not receive any other SMS or MMS relating to any Product. General Disclaimer & Limitation of Liability: THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS ORSERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) FEES CHARGED TO YOU BY YOUR MOBILE SERVICE PROVIDER FOR DELIVERY OR TRANSMISSION OF TEXT MESSAGES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
Indemnification: You agree to defend, indemnify and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use or misuse of The Services.
Disputes and Forum for Disputes: If you have a dispute or concern regarding The Services or these Terms, please contact us at 1-800-422-1230. We encourage our consumers to contact us directly to resolve any concerns they may have.
These Terms and all claims arising out of or related to these Terms and/or The Services, will be governed in all respects by the laws of the State of Michigan without regard to conflict of laws provisions. All disputes arising out of or relating to these Terms and/or Services shall be resolved individually, without resort to any form of class action and you hereby irrevocably consent to the exclusive jurisdiction of the United States District Court for the District of Michigan (Eastern Division) or the appropriate Michigan State Court located in Berrien County, Michigan.