Official Rules for the Simple Truth 4th Anniversary Giveaway
No Purchase Necessary. A Purchase Will Not Increase Your Chances Of Winning.
- Eligibility: The Giveaway is open only to legal residents of the United States who are at least eighteen (18) years old. Employees of The Kroger Company (“Sponsor”) or iStrategyLabs LLC (“Administrator”), as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.
- Agreement to Official Rules: By entering the Giveaway, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Entry Period: The Giveaway begins at 9:00 a.m. ET on December 27, 2015, and ends at 12:00 a.m. ET on January 23, 2016 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Giveaway.
- How to Enter: There are three ways to enter:
- Facebook: Take a selfie with a Simple Truth product and upload it to Sponsor’s Facebook page in the comments of a contest post, https://www.facebook.com/simpletruth, captioning the post with the hashtag #SimpleTruthSelfie.
- Twitter: Take a selfie with a Simple Truth product and upload it to Twitter, and caption the tweet with the hashtag #SimpleTruthSelfie. Your Twitter account must be set to “public” or “unprotected.”
- Instagram: Take a selfie with a Simple Truth product and upload it to Instagram, captioning the post with the hashtag #SimpleTruthSelfie and the Instagram handle of a friend.
- Content Requirements: Your entry must not (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; (d) be obscene or indecent; (e) depict any risky behavior, as determined by Sponsor in its sole discretion; (f) prominently feature any third party trademarks or logos, other than Simple Truth’s trademarks and logos; and (g) have been entered in any other promotion or have been published or distributed in any other media. Sponsor reserves the right to remove or request the takedown of an entry for any reason.
- Entrant’s Warranties and Representations: By submitting an entry, you warrant and represent that (a) the entry is an original work created solely by you for entry in the Giveaway; (b) you own all rights to the entry; (c) to the extent the entry depicts any individual, you are the individual pictured in the submission, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Sponsor described in the “Sponsor’s Rights to Entries” section below, and can make written copies of such permissions available to Sponsor upon request; and (d) the entry complies with all requirements of these Official Rules.
- Sponsor’s Rights to Entries: By participating, you (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your entry, or require any further permission for Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.
- Drawing: On or about January 23, 2016, Administrator will select five (5) Grand Prize winners, twelve (12) Second Place winners, and thirty (30) Third Place winners in a random drawing of all entries received. The odds of being selected depend on the number of entries received.
- Notification and Requirements of Potential Winners: Administrator will attempt to notify potential winners within seven (7) business days of the drawing by comment on Facebook or Instagram, or via a reply on Twitter. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf. If a potential winner fails to respond to Sponsor’s comment or reply or to sign and return these documents within five (5) business days, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.
- Prizes: Five (5) Grand Prize winners will each receive one (1) FitBit Surge. The approximate retail value (“ARV”) of each Grand Prize is $237.00. Twelve (12) Second Place winners will each receive one (1) Yurbuds Inspire Duro Earbuds. The ARV of each Second Place prize is $27.00. Thirty (30) Third Place winners will each receive one (1) Nalgene Tritan Water Bottle. The ARV of each Third Place prize is $9.99. A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion.
- General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way, Sponsor may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway; or (b) 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 and seek damages from any individual who tampers with the operation of the Giveaway, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to the owner of an online entry, the authorized account holder of the Facebook, Twitter, or Instagram account used to enter will be deemed to be the owner. The Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited.
- Release and Limitations of Liability: By participating in the Giveaway, you agree to release and hold harmless Sponsor, Administrator, Facebook, Twitter, Instagram, their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to (a) unauthorized human intervention in the Giveaway; (b) technical errors; (c) any errors on the Facebook, Twitter, or Instagram platforms; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail;(f) errors in the administration of the Giveaway or the processing of entries; or (g) injury or damage to persons or property. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in DC. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of DC, without giving effect to any choice of law or conflict of law rules (whether of DC or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than DC.
- Sponsor and Administrator: The Giveaway is sponsored by The Kroger Company, 1014 Vine Street, Cincinnati, OH 45202-1100, and is administered by iStrategyLabs LLC, 641 S Street NW, Floor 1, Washington, D.C. 20001. This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, or Instagram.
- Results: For the names of the winners of any prize over $25, please send a self-addressed stamped envelope to iStrategyLabs LLC, c/o Dana Fraser, 641 S Street NW, Floor 1, Washington, D.C. 20001. Requests must be received within four (4) weeks of the end of the Entry Period.