NO PURCHASE OR PAYMENT (INCLUDING VACCINATION) NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO KROGER CO. AND TEAMDIGITAL PROMOTIONS, INC. (HEREAFTER “SWEEPSTAKES ENTITIES”) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SWEEPSTAKES AND ENTRY PERIODS: Kroger’s Community Immunity Giveaway (the “Sweepstakes”) begins on or about 12:00 a.m. Eastern Time (“ET”) on June 3, 2021 and ends at 11:59 p.m. ET on July 10, 2021 (the “Sweepstakes Period”). However, the Sweepstakes Period consists of five (5) separate “Entry Periods”, which are specifically detailed in the chart below. All entries must be received by the end time and date (detailed in the chart below) for each respective Entry Period to be eligible for the corresponding drawing for that Entry Period. Individuals who receive an entry during an Entry Period will be receiving an entry for the corresponding drawing based on the chart below.
| Entry Period | Entry Dates Start and End Dates/Times (beginning 12:00 AM ET and ending 11:59 PM ET) | Mail Entry Deadline | Winner Selection Date |
| 1 | 6/3/21 – 6/8/21 | 6/14/21 | 6/16/21 |
| 2 | 6/9/21 – 6/15/21 | 6/21/21 | 6/23/21 |
| 3 | 6/16/21 – 6/22/21 | 6/28/21 | 6/30/21 |
| 4 | 6/23/21 – 6/29/21 | 7/6/21 | 7/8/21 |
| 5 | 6/30/21 – 7/10/21 | 7/19/21 | 7/21/21 |
Non-winning entries received for one (1) Entry Period drawing will carry forward to subsequent Entry Period drawings. Limit one (1) prize per person, immediate family member or household.
SPONSOR: The Kroger Co., 1014 Vine Street, Cincinnati, OH 45202 (“Sponsor”).
ELIGIBILITY: Sweepstakes is open only to individuals who are legal residents and physically located in the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years of age at the date/time of entry. Void where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
HOW TO ENTER: There are two (2) ways to enter during the Entry Period:
1) Online: After receiving at least one (1) dose of a COVID-19 vaccine at Kroger, Baker’s, City Market, Dillons, Fred Meyer, Fry’s, Gerbes, Harris Teeter, Jay C, King Soopers, Mariano’s, Metro Market, Payless, Pick n Save, QFC , Ralphs, or Smiths (hereafter “Kroger Family Company” or “Kroger Family Companies”) or by a Kroger Family Company healthcare professional at an off-site event, visit KrogerGiveaway.com (the “Website”) and fully complete and submit the online entry form provided to receive one (1) entry in the Sweepstakes. NOTE: You must have received at least one (1) dose of a COVID-19 vaccine at a Kroger Family Company, or by a Kroger Family Company healthcare professional at an off-site event, in order to enter online, unless you are a current employee of Sponsor and received your COVID-19 vaccine at a different location while employed by Sponsor; or
2) Mail: If you are not able to get vaccinated due to affirmed personal religious beliefs/practices or health reasons that are verifiable by a health care provider, you may enter the Sweepstakes by mail. To enter the Sweepstakes by mail and receive one (1) entry, hand print your full name, complete mailing address, telephone number, email address, date of birth, and the words “Kroger Community Immunity Giveaway” on a plain 3” x 5” piece of paper and mail it in a sealed, stamped and hand printed #10 envelope to: Kroger’s Community Immunity Giveaway, 211 Greenwood Ave. 2-2, Promo 511, Bethel, CT 06801. Mailed entries must be post-marked by the end of the Entry Period and received by the deadlines set forth below.
Limit one (1) entry per person/address/email address for the duration of the Entry Period, regardless of entry method. In the case of multiple entries from any one (1) person/address/email address, only the first entry received will be accepted and all subsequent entry attempts from such person will be void. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. Program participation is not tied to or contingent upon any other arrangement between entrant and Sponsor, or any of its affiliates or subsidiaries. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.
In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sponsor’s designated database clock will be the official timekeeper for this Sweepstakes. Participation in this Sweepstakes is not conditioned upon entrant’s past or anticipated future use of other items or services provided through the Sponsor. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
SELECTION OF POTENTIAL WINNERS/ODDS OF WINNING: There will be eleven (11) winners selected for each Entry Period in this Sweepstakes and a total of fifty-five (55) winners during the entirety of the Sweepstakes. For each Entry Period, potential winners will be selected in a random drawing on or about the drawing dates set forth in the chart above from among all eligible entries received for the applicable Entry Period, for a total of five (5) drawings in this Sweepstakes. Drawings will be conducted by teamDigital Promotions, Inc., whose decisions will be final and binding in all matters relating to this Sweepstakes. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. The potential prize winners will be notified by teamDigital Promotions, Inc. by telephone, email and/or mail within two (2) business days of the winner selection date. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
Odds of winning a prize will depend on the total number of entries received during the applicable Entry Period.
WINNER NOTIFICATION/VERIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. The potential prize winners will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release (collectively, the “Affidavit”) (unless prohibited by law) and any other documents required by Sponsor, which must be returned within five (5) days of date appearing on prize notification. Any potential winner who entered via the mail may be required to execute an Affidavit certifying that he/she did not receive the COVID-19 vaccination because they are unable to be vaccinated due to affirmed religious beliefs/practices or for doctor-confirmed health reason (with proof from a doctor). Any employee that is identified as a potential winner that did not receive the COVID-19 vaccination at a Kroger family company must be employed at time of prize award, or potential winner will be disqualified and an alternate winner will be selected. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize(s). If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. The Grand Prize winners may be required to submit to a confidential criminal check to confirm eligibility and ensure the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Released Parties as determined by Sponsor in its sole discretion, and, in such event, the prize may be forfeited. Winner must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the prize. Sponsor reserves the right, in its sole discretion, to disqualify any winner and/or winner’s companion based on such background check if Sponsor determines, in its sole discretion, the background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined at Sponsor’s sole and absolute discretion). Non-compliance with the foregoing or with these Official Rules in any way, the inability to contact any potential prize winner (as specified above) or return of the prize notification as non-deliverable may result in disqualification and, at Sponsor’s discretion, the awarding of the prize to an alternate potential winner in a random drawing from among all remaining entries for the applicable Entry Period.
PRIZES: FIVE (5) GRAND PRIZES (ONE (1) PER ENTRY PERIOD): Each grand prize winner will receive a check in the amount of $1,000,000. Approximate retail value (“ARV”) of each Grand Prize = $1,000,000. FIFTY (50) FIRST PRIZES (TEN (10) PER ENTRY PERIOD): Each first prize winner will receive a one (1)-year supply of groceries awarded in the form of gift cards, redeemable at a Kroger Family Company, that will be issued in an amount of $13,000. ARV of each First Prize: $13,000. Total ARV of all prizes to be awarded in this Sweepstakes: $5,650,000.
PRIZE CONDITIONS: Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prizes, if legitimately claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. The Sweepstakes Entities are not responsible for and winner will not receive the difference, in any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) prize per person. All prize details are at Sponsor’s sole discretion and are subject to change. Gift cards are subject to certain terms and conditions specified thereon. All prize details are at Sponsor’s sole discretion.
PUBLICITY RELEASE: Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
TAMPERING WITH SWEEPSTAKES: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Sweepstakes, entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section. NOTE: PRIZE WINNERS IRREVOCABLY WAIVE ALL CLAIMS AGAINST RELEASED PARTIES AND AGREES THAT THE RELEASED PARTY WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES, THE PRIZES AWARDED, PERSONAL INJURY, OR WRONGFUL DEATH, A POTENTIALLY HEIGHTENED RISK OF EXPOSURE TO COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES (INCLUDING, WITHOUT LIMITATION, COVID-19) AND THE CAUSES THEREOF, AND SICKNESS ARISING AS A RESULT OF PARTICIPATING IN THIS SWEEPSTAKES AND RELATED ACTIVITIES, WHEREVER, WHENEVER OR HOWEVER THE SAME MAY OCCUR. PRIZE WINNERS FULLY UNDERSTANDS THAT: (A) THE NOVEL CORONAVIRUS SARS-COV-2 AND ANY RESULTING DISEASE (TOGETHER WITH ANY MUTATION, ADAPTATION OR VARIATION THEREOF, “COVID-19”) IS EXTREMELY CONTAGIOUS AND THERE IS AN INHERENT RISK OF EXPOSURE TO COVID-19 IN ANY PLACE WHERE PEOPLE ARE OR HAVE BEEN PRESENT; (B) NO PRECAUTIONS, INCLUDING THE PROTOCOLS THAT WILL BE IMPLEMENTED FROM TIME TO TIME BY SPONSOR OR THE RESPECTIVE TRACK (COLLECTIVELY, THE “PROTOCOLS”), CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19; (C) WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND/OR UNDERLYING MEDICAL CONDITIONS; AND (D) EXPOSURE TO COVID-19 CAN RESULT IN BEING SUBJECT TO QUARANTINE REQUIREMENTS, ILLNESS, DISABILITY, OTHER SHORT-TERM AND LONG-TERM HEALTH EFFECTS, AND/OR DEATH, REGARDLESS OF AGE OR HEALTH CONDITION.
GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Hamilton County, Ohio and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Hamilton County, Ohio. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Hamilton County, Ohio. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winners list. The information provided by entrants will be used pursuant to Sponsor’s privacy policy available at: https://www.kroger.com/i/privacy-policy/how-we-share-information. Entrants will be given the option to receive further communication (i.e., emails, specific offers, etc.) from Kroger; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such emails. Opting-in to receive further communication from Sponsor does not improve entrant’s chances of winning. Entrants may opt-out of marketing communications at any time.
WINNERS LIST: For the names of the winners (available after August 6, 2021), visit http://winners.teamdigital.com/Kroger. A list of winners will be available until October 29, 2021.
MISCELLANOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
