OFFICIAL RULES & REGULATIONS
2018 “We Win, You Win!” Sweepstakes
For Permanent Lawful Residents of all 50 States Only!
Presented by Brand Activation Maximizer, LLC
NO PURCHASE NECESSARY
- Promotion Period: The Promotion begins on February 11, 2018 at 12:00 PM (noon) Eastern Time (“ET”) and ends on February 18, 2018 upon the conclusion of the Monster Energy NASCAR Cup Race scheduled to be held at Daytona International Speedway or, if the scheduled race date must be changed due to inclement weather or any other act of nature, the conclusion of the race on its re-scheduled date.
- Eligibility: To enter the Sweepstakes you must be a lawful permanent resident of all 50 States and be 18 years of age or older prior to February 11, 2018. Sweepstakes is void outside the states listed above and where restricted or prohibited by law. The Sweepstakes, and any web site pages and advertisements relating thereto, are intended for viewing only within the continental United States. Employees of Procter & Gamble, The Kroger Co and Brand Activation Maximizer, LLC, their respective parent companies, subsidiaries, affiliates, advertising, promotion agencies and the directors, officers, employees or agencies, and any of their respective partners or prize suppliers, their affiliated companies, parents, subsidiaries and advertising and promotion agencies, (collectively with Sponsors, "Sweepstakes Entities"), and their immediate families (defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and members of their households, are ineligible to participate in this Sweepstakes.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, where are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. For purposes of the promotion, an entrants address shall be their chosen social media account used for the winning entry. All correspondence pertaining to the award of a winning prize shall be made via direct messaging to the entrant’s social media account upon which it shall be the entrant’s responsibility to provide residential address and e-mail address information for the final fulfillment of any prizes won. If it is discovered or suspected that an entrant has registered or attempted to register for the Promotion using multiple identities, all of that entrant’s entries will be declared null and void and any prize an entrant might have been entitled to win will not be awarded and may be revoked. Use of any automated system or any like method to participate in the Promotion is prohibited and will result in disqualification of any entrant attempting such use.
- How to Participate: NO PURCHASE NECESSARY / OFFICIAL SWEEPSTAKES ENTRY ON SOCIAL MEDIA FOR PERMANENT LAWFUL RESIDENTS OF ALL 50 STATES ONLY.
- Valid Entry: During the Promotion Period, eligible entrants may participate by creating a social media post on any or all of the entrant’s own Twitter, Facebook or Instagram accounts and each such post must come from a public profile and must include #WinWithClickList AND #TideOxiClean for an entry to be valid. In all cases it is expressly understood that entries made are for the purposes of entering this Sweepstakes and are in no way an endorsement of any particular product or service. Each such post shall constitute a valid entry and entrants may enter as often as they choose during the Promotion Period.
4. Drawing and Notification Entries eligible to become Prize Winners will be selected at random from among all eligible entries received in each 24-hour period throughout the Promotion Period. There shall be a firm award of One Hundred (100) total Fourth Prize winners and Two (2) total Third Prize winners. Additionally, there may be awarded, based on the contingencies for winning the Second Prize and Grand Prize defined in Section 5 of these Official Rules, two (2) total Second Prize winners and there may be one (1) Grand Prize winner. The sum total of the firm and contingent winners is therefore 105 entries. The Sweepstakes administrator shall draw the pools of winners at random from the total of all valid entries as follows:
February 12, 2018 11:00am ET – 5 eligible winners selected and entered in winner’s pool
February 12, 2018 3:00pm ET – 5 eligible winners selected and entered in winner’s pool
February 13, 2018 11:00am ET – 5 eligible winners selected and entered in winner’s pool
February 13, 2018 3:00pm ET – 10 eligible winners selected and entered in winner’s pool
February 14, 2018 11:00am ET – 10 eligible winners selected and entered in winner’s pool
February 14, 2018 3:00pm ET – 10 eligible winners selected and entered in winner’s pool
February 15, 2018 11:00am ET – 10 eligible winners selected and entered in winner’s pool
February 15, 2018 3:00pm ET – 10 eligible winners selected and entered in winner’s pool
February 16, 2018 11:00am ET – 10 eligible winners selected and entered in winner’s pool
February 16, 2018 3:00pm ET – 10 eligible winners selected and entered in winner’s pool
February 19, 2018 11:00am ET – 10 eligible winners selected and entered in winner’s pool
February 19, 2018 3:00pm ET – 10 eligible winners selected and entered in winner’s pool
The Selection process by the Sweepstakes administrator will be documented on video from the offices of Brand Activation Maximizer, LLC.
On Tuesday, February 20, 2018, the Sweepstakes Administrator will assign a number to each entry in the pool of potential winners, from 1-105. Using an online random number generator, the fourth prize winners will first be awarded. Next the Sweepstakes Administrator will select two winners from the remaining pool of five to win the Third Prize. In the event that the Contingency is met for the Second Prize to be awarded, the Sweepstakes Administrator will select two of the remaining pool of three to win the Second Prize. In the event that the contingency is met for the Grand Prize to be awarded, the remaining entry in the pool shall be awarded the Grand Prize.
Winners will be notified via direct message through their winning social media entry portal by 5 PM ET on Tuesday, February 20, 2018. Winning entries must reply as requested on the direct message notification prior to 5 PM ET on Thursday, February 22 to claim their award. It is expressly understood that requested response from winners may include shipping name, shipping address, a signed declaration of compliance, liability, and publicity release. Should a winner fail to respond and/or comply with all requested written documentation within the time period allotted or if a prize is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner of the Third, Second, or Grand prize defined in Section 5 of these Official Rules is disqualified for any reason, Sweepstakes Administrator will award the forfeited prize to an alternate winner by random drawing from all remaining eligible entries. There will be three (3) such alternate drawings after which the applicable prize may remain unrewarded subject to Sweepstakes Administrator’s sole discretion.
All prizes shall be shipped at the soonest possible date practicable after February 22, 2018.
4. Prizes and Approximate Retail Value:
One (1) Grand Prize Winner: The Potential Grand Prize Winner shall receive a Million Dollars if AJ Allmendinger in the #47 Monster Energy NASCAR Cup car OR Chris Buescher in the #37 Monster Energy NASCAR Cup car win the 2018 Daytona 500 Race. The total ARV of the Grand Prize is $1,000,000.
Two (2) Second Prize Winners: The Potential Second Prize Winners will each receive a check for $4700 if the AJ Allmendinger #47 Monster Energy NASCAR Cup car AND the Chris Buescher #37 Monster Energy NASCAR Cup car finish the race “Clean,” meaning both entries complete the race on the lead lap as defined by the NASCAR rules. ARV of each Second Prize is $4700.
Two (2) Third Prize Winners: Two Third Prize Winners will receive one of the drivers suits worn by either AJ Allmendinger or Chris Buescher during the race. The ARV of each Third Prize is $1500.
One Hundred (100) Fourth Prize Winners: Fifty (50) Fourth Prize Winners will receive a hat and Fifty (50) will receive hero card autographed by both AJ Allmendinger and Chris Buescer. ARV of each Fourth Prize Winner is $15.
No transfer, substitution, or cash equivalent for prizes allowed. Sweepstakes Entities reserve the right to substitute a prize with one of equal or greater value if a prize cannot be awarded as described for any reason.
- Sweepstakes Conditions: This Sweepstakes is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Entities and Sweepstakes Administrator, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Winners and entrants also agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.
- LIMITATION OF LIABILITY: By participating in this Promotion entrants agree that the Promotion Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, or other harm or injury, including data breaches, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of the winners from among eligible Sweepstakes entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received. This Promotion is subject to all federal, state, and local laws and regulations. By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s Sweepstakes entries/video conference, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Game Play/Sweepstakes entry/video conference (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND PRIZE COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO, TO THE EXTENT THAT ENTRY CAN WAIVE ANY LIABILITY OF PROMOTION ENTITIES, ENTRY HEREBY WAIVES SUCH LIABILITY, AND IF NOT, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE CABARRUS COUNTY, NORTH CAROLINA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION 7 ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
- GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning Sweepstakes entry will be declared made by the authorized account holder of the social media name submitted on the chosen qualified entry post. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, 8 THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Sweepstakes entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
10. Winners: For the names of the winners in this Sweepstakes, which will be available after March 30, 2018, send a self-addressed, stamped envelope with a written request to: The 2018 We Win; You Win Winners List, 7201 Caldwell Rd. Harrisburg, NC 28075.
11. Sweepstakes Sponsors / Entities: The Sweepstakes Sponsors/Entities of this Sweepstakes is Brand Activation Maximizer, LLC at 7201 Caldwell Rd. Harrisburg, NC 28075
12. Sweepstakes Administrator: The Sweepstakes Administrator for this Sweepstakes is Brand Activation Maximizer, LLC at 7201 Caldwell Rd. Harrisburg, NC 28075.