KitchenAid x HBO Max The Big Brunch Mixer Giveaway

Official Giveaway Rules

(“Official Rules”)

 

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. LIMIT OF ONE (1) ENTRY PER PERSON. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT. ENTRANTS ARE PROVIDING INFORMATION TO “SPONSOR” (AS DEFINED BELOW) AND NOT TO INSTAGRAM.

 

1.   DESCRIPTION: The “KitchenAid x HBO Max The Big Brunch Mixer Giveaway" ("Giveaway") begins on or about Thursday, November 10, 2022, and ends on Sunday, November 20, 2022, at 11:59:59 pm Eastern Time (“ET”) (the "Giveaway Period"). The sponsor of this Giveaway is Whirlpool Corporation, 2000 N. M-63, MD 2533, Benton Harbor, MI 49022 (“Sponsor”). The administrator of this Giveaway is Creative Zing Promotion Group, 2100 E. Robinson St., Orlando, FL 32803 ("Administrator"). The Sponsor and Administrator shall collectively be referred to as the “Giveaway Entities”. Warner Media Direct, LLC and HBO Max are not responsible for the collection, submission or processing of entries, the administration or execution of the Giveaway, the selection of the winners, or any other aspect of this Giveaway. Void in Alaska, Hawaii and where prohibited or restricted by law. Each individual who enters the Giveaway (each, an “Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Giveaway Entities, which shall be final and binding in all respects. Entrants should look solely to the Giveaway Entities with any questions, comments and concerns related to the Giveaway.

 

2. ELIGIBILITY: This Giveaway is open only to legal U.S. residents of forty-eight (48) contiguous United States and Washington, D.C., (i.e., excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions) who are physically located and residing therein and who are at least eighteen (18) years of age or the age of majority. Each Entrant must be a registered user of Instagram and in compliance with Instagram’s terms of use. Instagram account registration is free and individuals may register by visiting Instagram and following the on-screen instructions. Each Entrant must be the rightful owner (or have authorized use) of the Instagram account associated with the entry (the “Entry”). In the event of a dispute over the identity of an Entrant, the Entrant will be deemed the natural person in whose name the Instagram account was opened, as long as such person is otherwise eligible in accordance with these Official Rules.  In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. An Entrant must not be an employee, officer, director, agent or representative of Giveaway Entities or any of their respective parent companies, affiliates, divisions, subsidiaries, promotion or advertising agencies, including Warner Media Direct, LLC and HBO Max, nor can an Entrant be an Immediate Family Member and/or Household Member of such persons. For purposes of the Giveaway, "Household Members" shall mean individuals who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses. 

 

3. HOW TO ENTER: To participate, each Entrant must have a non-private Instagram account. During the Giveaway Period, Entrant must: (i) log in to Instagram and locate the call-to-action post (the “Post”) on Sponsor’s Instagram page located at https://www.instagram.com/kitchenaidusa/ (“Instagram Page”), (ii) comment directly on the Post and (iii) follow the Instagram Page throughout the Giveaway Period, and for at least fifteen (15) days thereafter (for potential notification purposes).   Entries must be posted by the end of the Giveaway Period. The Giveaway Entities reserve the right to request that an Entrant edit or completely remove any content that may violate the Official Rules. The Giveaway Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements.

 

In order for an Entrant to be eligible to participate in the Giveaway and to be considered as a potential “Winner” (as described below) the Entrant’s Entry must meet the following eligibility criteria:

 

Entry Requirements:

·         Entrants must have a non-private Instagram account and be able to receive direct messages.

·         The Entry must be unique and created by the Entrant for purposes of this Giveaway.

·         Each Entrant must be the rightful owner (or have authorized use) of the Instagram account associated with the Entry, as detailed in Section 2 above.

 

Entry Eligibility Criteria:

 

Entry Content Restrictions:

 

Limitations: Limit one (1) entry per person for the duration of the Giveaway Period. Entries generated by a script, macro or other automated means will be disqualified. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. The Giveaway Entities will determine in their sole discretion which entries have satisfied the requirements of these Official Rules.

 

4. PRIZES (3): There are three (3) prizes (each, a “Prize” and collectively, the “Prizes”) available, each consisting of one (1) 7 Quart Bowl-Lift Stand Mixer. Approximate Retail Value (“ARV”): Six hundred forty-nine dollars and ninety-nine cents ($649.99).

EACH WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE. Winners cannot assign or transfer any Prize to another person. No cash alternatives or Prize substitution is allowed except at the discretion of the Sponsor. If a Prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater retail value may be awarded. No refunds, credits or exchanges are allowed. The ARV of any Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. The Prizes are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Each Winner’s Prize will be shipped to such Winner at the address provided on the returned Prize Acceptance Form within approximately sixty (60) days of the conclusion of the Giveaway Period. Limit one (1) Prize per person and per household. Any depictions of Prizes are for illustrative purposes only. Other restrictions may apply. 

5. WINNER SELECTION & NOTIFICATION: On or about Monday, November 21, 2022, three (3) potential Winners (each, a “Winner”) will be selected via a random drawing, conducted by the Administrator, from among all eligible Entries received. Each potential Winner will be notified via a direct message (the “Notification Message”) on Instagram by Sponsor. Each potential Winner must respond (as directed) to the Notification Message, and will be required to (i) verify such potential Winner’s address and (ii) complete an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release (collectively the “Prize Acceptance Form”), all within twenty-four (24) hours of the Notification send date and time (or a shorter time if necessary, as determined by the Administrator in its sole discretion). The Giveaway Entities shall have no liability for any Notification Message that is lost, intercepted or not received by a potential Winner for any reason. Failure to complete the Prize Acceptance Form within the specified time period may result in forfeiture of a Prize and Administrator’s selection of an alternate potential Winner from the remaining eligible Entries. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential Winners of a Prize in accordance with the above procedure, after which the Prize in question may go un-awarded if it remains unclaimed. Prizes will not be awarded until potential Winner eligibility is confirmed in a manner satisfactory to the Giveaway Entities. If a Prize is awarded but goes unclaimed or is forfeited by recipient, the Giveaway Entities may elect not to re-award such Prize, in their sole discretion. If a potential Winner does not respond to the Notification Message on the first attempted outreach, Sponsor will make one (1) additional attempt to notify and verify the potential Winner. If a potential Winner (i) does not answer either of the two (2) attempted Notification Messages,  (ii)is found to be ineligible, (iii) has not complied with these Official Rules, or (iv) declines the Prize for any reason, such potential Winner will be disqualified and an alternate Winner may be selected, at the sole discretion of the Giveaway Entities. If an insufficient number of eligible Entries are received, Sponsor reserves the right to not award all Prizes. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. For tax reporting purposes, each Winner must provide the Administrator with a valid social security number in accordance with Internal Revenue Service regulations before receiving any Prize. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the Prize received. Such IRS Form 1099 will be issued by the Administrator on behalf of the Sponsor.

6. ODDS OF WINNING: Odds of winning depend on the number of eligible Entries received.

 

7.  CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator or Sponsor’s agents to handle winner selection and notification tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating in this Giveaway and/or by accepting any prize, each Entrant agrees to release the Giveaway Entities, Warner Media Direct, LLC and HBO Max, and each of their respective parent companies, subsidiaries, affiliates, shareholders, directors, officers, agents and employees (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Giveaway and/or acceptance or use of a Prize. Each Winner authorizes the Sponsor and its designees to use such Winner’s Instagram username, photo, name, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a Winners’ list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or publicity materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity related thereto, or from participation in the Giveaway; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, communications or affidavits, regardless of the method of transmission; (v) any inability of Winner to accept or use any Prize (or portion thereof) for any reason and such Prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Giveaway. Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway (or any portion of the Giveaway) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Giveaway and, in such situation, will randomly select the Winners from eligible non-suspect Entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Giveaway Entities. The Giveaway Entities may prohibit Entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Giveaway Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GIVEAWAY. SHOULD SUCH AN ATTEMPT BE MADE, GIVEAWAY ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY PARTICIPATING IN THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

8. GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of this Giveaway, or the rights and obligations of Entrants and the Giveaway Entities, 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. Notwithstanding the terms of Section 9 below, nothing herein shall be construed to waive or limit a party’s right to seek injunctive or other equitable relief. The Entrant and the Giveaway Entities hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in Berrien County, Michigan.

 

9. ARBITRATION: Any and all disputes, claims and causes of action arising out of, or connected with, this Giveaway, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Giveaway, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved individually without resort to any form of class action and exclusively by arbitration to be held solely in Michigan under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and under no circumstances will the Entrant be permitted to obtain awards for, and the Entrant hereby waives, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.  This arbitration provision shall be deemed self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.  In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Giveaway. If any part of this Arbitration Provision is deemed invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

 

10. PRIVACY POLICY: The personal information provided by Entrants may be used as provided in Sponsor’s privacy policy or these Official Rules.  See Sponsor’s privacy policy at https://www.kitchenaid.com/resources/privacy-policy.html  for details regarding use of the personal information collected in connection with this Giveaway. In the event of any conflict between these Official Rules and such privacy policy, these Official Rules shall control. By entering the Giveaway, you grant the Giveaway Entities permission to correspond with you about the Giveaway via email and/or phone and to share your email address and any other personally identifiable information with the corresponding Giveaway Entities for the purpose of Giveaway administration, communication and fulfillment.  Sponsor will not sell, rent, transfer or otherwise disclose your personally identifiable information to any third party other than as permitted by these Official Rules or the Privacy Policy.

11. SPONSOR: Whirlpool Corporation, 2000 N. M-63, MD 2533, Benton Harbor, MI 49022

12.ADMINISTRATOR: Creative Zing Promotion Group, 2100 E. Robinson St., Orlando, FL 32803.

13. WINNERS /OFFICIAL RULES: To obtain the names of the winners or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to " KitchenAid x HBO Max The Big Brunch Mixer Giveaway” List/Rules, 2100 E. Robinson St., Orlando, FL 32803. Requests must be received no later than December 31, 2022.

 

The Giveaway is in no way sponsored, endorsed or administered by Instagram.