KROGER TEXAS GRILL CHALLENGE SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

TIMING: The Kroger Texas Grill Challenge (the “Promotion”) starts on June 17, 2022 at 8:00 a.m. Central Time (“CT”) and ends on July 18, 2022 at 11:59 p.m. CT (“Promotion Period”).

ID | ELIGIBILITY: This Sweepstakes is open only to legal residents of the State of Texas who are 18 years of age or older at the time of entry in this Sweepstakes and have a valid form of government-issued identification of residence. Employees, officers and directors (and their immediate family members (spouse, children, siblings, parents, grandparents and grandchildren) and/or people living in the same household, related or not) of Sponsor, The Kroger Co. (“Kroger”), Medium Giant, and any other entity or person involved with the promotion of this Sweepstakes (individually and collectively “Sweepstakes Entities”), and each of their respective affiliates are not eligible to enter this Sweepstakes.

HOW TO ENTER: During the Promotion Period, there is (1) way to enter;

Instagram:  To enter use your Instagram account to post at least one (1) 60 second video of you showing your grilling abilities and your personality, then use hashtag #KrogerTXGrillChallenge in your Instagram post. The only way to officially enter this challenge is to post on Instagram and then apply the #KrogerTXGrillChallenge to your post. There will be three (3) entrants selected to compete in the Kroger Texas Grill Challenge. This challenge will take place on July 30 at 1250 N. Preston Road, Prosper TX, 75078. Limit of only one (1) post per week will be accepted for as an entry. Entries must also comply with the “Entry Requirements” described below. NOTE: when entering via Instagram, allow your posts to be visible to the public by going to your Instagram profile, clicking on “Edit Your Profile,” and ensuring that the “Posts are Private” button at the bottom of the screen is turned off. Due to the way Instagram operates their services, entries from Instagram users with "protected" accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may not be received. Entrants must provide all information requested to be eligible to win. Incomplete, unintelligible or irrelevant entries, in the sole discretion of Sponsor, will be disqualified. Sponsor will not verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to the Challenge. Winners must be available to compete on July 30 at 1250 N. Preston Road, Prosper TX, 75078. If participants that are selected are unable to attend the challenge in person then they will be deemed ineligible and a new entrant will be selected. All participants selected to compete must be okay with being filmed during this challenge. If a participant that has been selected is not okay with being filmed, they will be deemed ineligible and a new entrant will be selected.  Potential Winners will be notified via e-mail. After the challenge is completed and the winners are selected on July 30 winners may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the applicable prize. If potential winners are selected through social media, selected entrant will be required to respond (as directed) to social media direct message notification within 72 hours of attempted notification. Once entrant has responded (as directed) instructions on how to compete in the July 30 Grill Challenge will be emailed to them. Failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Sponsor may randomly select an alternate chosen entrant from among the remaining eligible entries.

GRAND PRIZE: Free Groceries for a year ($100 a week in the form of Kroger gift card until prize total is met). Total GP ARV = $5,000.00.

2ND PLACE WINNER PRIZE: Free Nolan Ryan Beef for a year ($100 a week in the form of Kroger gift card until prize total is met). Total 2nd pwp = $2,000.00.

3rd PLACE WINNER PRIZE: $1,000 Kroger Fuel credit ($100 a week in the form of Kroger gift card until prize total is met). Total 3rd pwp = $1000.00.

TOTAL OVERALL APPROXIMATE RETAIL VALUE: The total Approximate Retail Value (“ARV”) of the prizes altogether is $8,000.00.

PRIZE CONDITIONS:
All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.

SOCIAL MEDIA ENTRY CONDITIONS AND RELEASES: Each entry must be entirely the original work of the entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person), must be compliant with Instagram rules and must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, submissions that belong to others, entries of other people, quotes from other people, or parodies of other people).  In addition, ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, unlawful, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, tortious, contain racial slurs, depict unsafe, abusive, or violent behavior toward animals or other people,  contain explicit or graphic descriptions or accounts of sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion (“Entry Requirements”). Entries generated by a script, macro or other automated system or means will be disqualified. Entries that are incomplete, garbled, corrupted or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted as a valid entry. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which entries will be disqualified.  Tampering with the entry process or operation of this Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Any attempt by any entrant to enter by using multiple/different email addresses, identities, registrations, log- ins or any other methods will void that entrant’s entries and that entrant will be disqualified. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is defined as the natural person assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Multiple entrants are not permitted to share the same email address. All Entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and any other individuals whose email address is submitted as part of this Sweepstakes.

GENERAL CONDITIONS:  By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor and their respective affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of the prize; and (c) to the use of his/her name, voice, performance, photograph, caption, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion.

MISCELLANEOUS: Released Parties are not responsible for postage-due mail or for lost, late, incomplete, damaged, inaccurate, stolen, illegible, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prize, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention, epidemic, pandemic, an Act of God, or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion (or portion thereof) and, if terminated, at its discretion, select the potential winners from among all non-suspect, eligible entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant (or participant’s parent or legal guardian, if a minor) agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.

DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Sweepstakes if it determines, in its sole discretion, that this Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Sweepstakes as contemplated herein.  If Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis (e.g. covid virus), 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, extend or terminate this Sweepstakes. If this Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the potential Winners based on the judging criteria set forth in these Official Rules from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such process shall be each entrant’s sole and exclusive remedy under such circumstances.

CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of Mecklenburg County, North Carolina.

REQUEST FOR WINNER’S NAMES: For the names of the winners available after September 19, 2022 send a self-addressed, stamped, envelope by September 19, 2022 to: Kroger Texas grill Challenge, PO Box 481964, Charlotte, NC 28269.

SPONSOR:
Retail Sports Marketing, Inc., 10150 Mallard Creek Road, Suite 500, Charlotte, NC 28262.