WHBQ-TV “Kroger’s Holiday Grocery Giveaway” Sweepstakes
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility. Subject to the additional restrictions below, WHBQ-TV “Kroger’s Holiday Grocery Giveaway” (the “Sweepstakes”) is open to residents of the States of Tennessee, Arkansas and Mississippi who are 18 years or older at the time of entry. Employees of WHBQ (Memphis), LLC d/b/a WHBQ-TV (“Sponsor”), The Kroger Co., Terrier Media Buyer, Inc., and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Sweepstakes or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Sweepstakes event.
3. How to Enter. The Sweepstakes will begin at 6:00 am Central Standard Time (“CST”) on December 1, 2021 and end at 9:00 am CST on December 31, 2021 (the “Sweepstakes Period”). Sponsor will be the official timekeeper for the Sweepstakes.
To enter the Sweepstakes, text the keyword “Groceries” to 46757 during the Sweepstakes Period. One (1) drawing will occur each week of the Sweepstakes Period, where a week is defined as Friday at 9:01 a.m. CST to the following Friday at 9:00 a.m. CST, except that the first week of the Sweepstakes period shall be 6 a.m. CST on Wednesday, December 1 through 9:00 a.m. CST on Friday, December 3. Participants must text the keyword to 46757 by Friday at 9:00 a.m. CST to be entered into the applicable week’s drawing.
By texting a Keyword to 46757, you consent to receive one (1) automated reply text per entry to the number you provided Sponsor regarding your entry or this Sweepstakes. You understand that consent is not required to make a purchase. The text message you send is your electronic signature agreeing to these terms and to giving electronic written consent to receive informational automated text messages from Sponsor regarding your entry or this Sweepstakes. Text and data rates apply – participants will be charged for sending and receiving under this Sweepstakes according to his/her carriers’ rate plan(s).
Limit: one (1) text entry per mobile number per week.
Sponsor will not be responsible for loss of service to a Sweepstakes line or for a participant’s failure to reach a Sweepstakes line due to malfunction of any network or system, congestion, any technical or human error, failures or malfunctions of any kind, including the congestion, overload, busy signals, or any other factor that may prevent an individual from completing his/her text entry. In the event of interruption of power or telephone service to Sponsor during the text period of a Sweepstakes, or a change in programming that results in Sponsor’s inability to air a Keyword announcement, Sponsor will not replay the affected Keyword announcement.
Sponsor will not be responsible for dropped calls from mobile devices and dropped calls may result in a potential winner’s disqualification and forfeiture of all interest in any prize. Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes.
Any winning entrant must be the same person who originally sent the text entry to the television station to participate in a Sweepstakes. No family members, friends, office associates, or any other person will be allowed to participate in a Sweepstakes on another person’s behalf. An entrant must provide his or her own name as listed on his or her valid Tennessee, Arkansas or Mississippi driver’s license or Tennessee, Arkansas or Mississippi state-issued ID (or other proof of Tennessee, Arkansas or Mississippi residency, such as a copy of a utility bill). If a participant uses a false name on any ID submitted as proof of identification, he or she will be immediately disqualified from the Sweepstakes and be ineligible to win any prize.
Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes. In the event of a dispute, an Entry will be declared made by the authorized account holder of the account from which the text message was sent. “Authorized account holder” is defined as the natural person who is assigned to a telephone number or other identifier automatically associated with the text message by a wireless service provider that is responsible for assigning the same. The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Sweepstakes application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Sweepstakes eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes.
4. Winner Selection and Odds. At the conclusion of each week of the Sweepstakes Period, Sponsor will select one (1) potential Winner from among the eligible entries received during that week of the Sweepstakes Period in a random drawing. Drawings will occur on the following days:
· Friday, December 3, 2021: for the period of December 1 at 6:00 a.m CST through December 3 at 9:00 a.m. CST;
· Friday, December 10, 2021: for the period of December 3 at 9:01 a.m. CST through December 10 at 9:00 a.m. CST;
· Friday, December 17, 2021: for the period of December 10 at 9:01 a.m. CST through December 17 at 9:00 a.m. CST;
· Friday, December 24, 2021: for the period of December 17 at 9:01 a.m. CST through December 24 at 9:00 a.m. CST; and
· Friday, December 31, 2021: for the period of December 24 at 9:01 a.m. CST through December 31 at 9:00 a.m. CST.
Sponsor will conduct a total of five (5) drawings.
Odds of winning depend on the number of eligible entries received.
5. Prize Description.
One (1) Winner Per Week, for a total of five (5) Winners: Subject to verification of eligibility and compliance with these Official Rules, each Winner will receive:
· $250 Kroger Gift Card
Total ARV of all five (5) prizes to be awarded in the Sweepstakes: $1,250
Gift cards subject to terms and conditions of gift card issuer.
Limit: One (1) prize per person and per household.
6. Winner Notification and Acceptance. Potential winners will be notified throughout the course of the Sweepstakes Period at the telephone number, email address and/or U.S. Mail address provided on the potential winner’s entry form. Entry into the Sweepstakes shall be deemed consent to record any telephone conversation between a potential winner and Sponsor in the event the Sponsor notifies the winner by telephone.
In order to claim a prize, potential winner must respond to Sponsor’s notification within three (3) days of notice or attempted notice.
To claim his/her prize, the potential winner must personally visit Sponsor’s offices at 485 S. Highland St., Memphis, TN 38111 within seven (7) business days after notification (office visits must be between the hours of 9:00 a.m. CST and 5:00 p.m. CST, weekdays) and must present a valid government-issued photo ID.
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by a random drawing from among all remaining eligible entries received during the Sweepstakes Period. Sponsor will conduct up to ten (10) alternate drawings, after which the prize will remain unawarded.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
7. Publicity. Except where prohibited, acceptance of any prize constitutes the winner’s irrevocable consent to the publication or other use by Sponsor and its licensees of his or her name, biographical information and likeness in any media, including the Internet, for any commercial, publicity or promotional purpose, without limitation, review or approval, or additional compensation.
8. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Sweepstakes judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering, or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of any aspect of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
9. Release. BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, THE KROGER CO., TERRIER MEDIA BUYER, INC., AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE SWEEPSTAKES; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE SWEEPSTAKES OR ANY PRIZE.
10. Limitations of Liability. By PARTICIPATING IN the Sweepstakes, PARTICIPANTs acknowledge and agree that EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND THE prize(S), ARE provided “as is” and that Sponsor makeS no representations or warranties OF ANY KIND, express or implied, about the Prize(S) and sponsor hereby DISCLAIMS all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by PARTICIPANTs, printing OR PRODUCTION errors, or by any of the equipment or programming associated with or EMPLOYED 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, the processing of entries, or the notification of any winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from A PARTICIPANT’S participation in the Sweepstakes or receipt or use or misuse of any prize.
Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. 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 the prizes by a random drawing among all legitimate eligible prize claims.
11. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
12. Sponsor. WHBQ-TV “Kroger’s Holiday Grocery Giveaway” is sponsored by WHBQ (Memphis), LLC d/b/a WHBQ-TV. The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Sweepstakes. For a list of winners (available after January 2, 2022) or a copy of these Official Rules, visit www.fox13memphis.com/entertainment/contests/ or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), WHBQ-TV “Kroger’s Holiday Grocery Giveaway” Sweepstakes, 485 S. Highland St. Memphis, TN 38111. If you have any questions regarding this Sweepstakes, please contact WHBQ-TV Marketing at 901-320-1313.
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