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Affresh® Brand “Who Do You Leave in the Dust? Contest official rules
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. U.S. ONLY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. Eligibility: The affresh® Brand Who Do You Leave In the Dust? Contest is open only to legal residents of the 48 Contiguous United States (and the District of Columbia) who are at least 18 years of age at the time of entry. Employees of Whirlpool Corporation and its respective related companies, as well as their immediate family (spouse, parents, siblings, and children) and household members are not eligible to win. To be eligible for the sweepstakes the entrant cannot already be a registered participant in the 2012 Bank of America Chicago Marathon. The Sweepstakes is subject to all federal, state and local laws and regulations. Odds of winning depend on the number of eligible entries received for the drawing. Void in Puerto Rico and where prohibited.
2. Agreement to Official Rules: By participating in the contest, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding.
3. Timing: There are two (2) phases to the contest. Phase One of the Contest begins at 12:01 a.m. Eastern Time (“ET”), June 7, 2012 and ends at 11:59 p.m. ET, June 17, 2012 (the “Promotion Period”). Phase Two of the Contest (the “Challenge Period”) begins at 12:01 a.m. Eastern Time (“ET”), June 25, 2012 and ends at 11:59 p.m. ET, August 5, 2012.
4. How to Enter: There is one (1) way to enter the Sweepstakes. Maximum one (1) entry per person per Promotion Period:
To be eligible, consumers must visit www.affresh.com and follow the instructions found under the Sweepstakes link to provide name, email, date of birth, country of residence, accepting terms of the contest and submitting information. All entries must be received during the Promotion Period. Potential winners may be required to show proof of identity.
5. Winnings: Phase One: On or around June 17, 2012, fifty (50) winners will be selected at random from all eligible participants. The winners will be notified on or around the week of June 18, 2012. The potential winners selected must comply with all terms and conditions of these Official Rules, and winning, is contingent upon fulfilling all requirements. Except where prohibited, potential winner must sign and return to Sponsor, within five (5) days of being notified via email, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If a potential winner cannot be contacted within five (5) days after the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate winner will be randomly drawn from all eligible entries. Three (3) alternate drawings will be held after which any unawarded prizes will remain unawarded. Each of the fifty (50) selected winners will receive the Phase one prize within approximately five (5) days after they have returned the paperwork and confirmed their participation. Fifty (50) selected random drawing winners must register per emailed instructions by June 25, 2012 to be eligible for Phase Two, the Challenge Period. Failure to register and join the challenge group by this date will exclude winner from participation.
Phase Two: During the Challenge period, one random winner from all challenge participants will be selected each Friday at 5 p.m. EST beginning July 2, 2012 and continuing through August 5, 2012 as a result of participating in the week’s challenge. On or around August 6, 2012, three (3) challenge participants who have accrued the most mileage throughout the challenge will be selected as top three winners. An additional twelve (12) winners will be randomly selected from the pool of fifty (50) challenge participants.
6. Phase One Random Drawing Prize: Fifty (50) Challenge Packages including: Fitness tracker (ARV $99.00) and affresh® Washer Cleaner (ARV $9.99)
Six Weekly random challenge participant prize packages including:
1. Lululemon Athletica Inc. Gift Card (ARV $200.00),
2.Nike Inc. Gift Card ($150.00) & 1-Year Subscription to Runner's World Magazine (ARV $19.99),
3. iPod nano® (ARV $129.00) iTunes® Gift Card (ARV $50.00),
4. Molly Maid® House Cleaning (ARV not exceeding $200.00), 1-Year Subscription to Men's/Women's Health Magazine (ARV $19.99)
5. Running Warehouse Gift Card (ARV $200)
6. Post-Marathon Spa Day Gift Card (ARV $200)
One (1) Grand Prize package including: Round-trip coach airfare for two (2) to Chicago from a continental U.S. airport (ARV $600), 3 nights double occupancy accommodations at the Sheraton Chicago hotel (ARV $900), One (1) $1,000 American Express gift card, a donation to charity of winner’s choice at $1 for every runner passed during the marathon to an approved 501C3 charity of winner’s choice not exceeding $5,000, One (1) registration with an approximate retail value of $145 for the Bank of America Chicago Marathon on Sunday, October 7, 2012. (Total ARV $7645) All expenses and incidental travel costs not expressly stated in the package description above, including, but not limited to, ground transportation, meals, incidentals, service charges or facility charges, security fees, taxes or other expenses are the sole responsibility of winner. Unless a child of winner, travel companion of winner must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases.
Two (2) First Prize winner packages including: One (1) registration with an approximate retail value of $145 for the Bank of America Chicago Marathon on Sunday, October 7, 2012, a donation to an approved 501C3 charity of winner’s choice at $1 for every runner passed during the Chicago Marathon, not exceeding $5,000, and one (1) $500 American Express gift card. (Total ARV $5645)
Twelve (12) Prizes will be awarded to twelve (12) individuals: One (1) registration per prize winner with an approximate retail value of $145 for the Chicago Marathon on Sunday, October 7, 2012. Travel and hotel accommodations are NOT part of the prize package; travel and hotel accommodations are the sole responsibility of each winner.
For all prizes: Delivery of all prizes is included. Taxes associated with each prize are the responsibility of each winner. No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. Sponsor will not replace any lost, mutilated or stolen gift cards. Gift cards may be subject to issuer's standard rain-check policies and procedures. By accepting gift card prizes, winner agrees to abide by any terms, conditions and restrictions provided by the gift card. Sponsor is not responsible if winner does not use gift card(s) prior to expiration, if any, and gift and gift cards will be forfeited in their entirety. Sponsor is not responsible if flight is delayed, postponed or cancelled for any reason, in which event that portion of the prize may be forfeited in its entirety and no substitution provided except in Sponsor's sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a prize or prize component for one of equal or greater value if the designated prize should become unavailable for any reason.
7. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
8. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to 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 any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Release: By entering this Sweepstakes, entrant agrees to release and hold harmless, Whirlpool Corporation, Bank of America Corporation, Bank of America, N.A. and their subsidiaries and affiliates, Chicago Event Management, Inc., and its parent companies, subsidiaries, affiliates, retailers, sales representatives, distributors, sponsors, advertising and promotion agencies, as well as each of their related companies, and each of their respective officers, directors, employees, shareholders, representatives, successors, and assigns of each of the foregoing and agents from and against any claim or cause of action any and all liability, loss, damage, or injuries of any kind sustained in connection with their participation in the Sweepstakes or from their acceptance, receipt, possession, and/or use or misuse of any Prize, or from their participation in and/or training for the Bank of America Chicago Marathon or for any typographical or other error in the printing, offering, or announcement of any Prize.
10. Limitations of Liability: Sponsor is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes.
11. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than the administration of the Sweepstakes or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Michigan (Eastern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTALOR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Winners List: Fifty (50) Challenge participant winners will be posted at www.affresh.com by June 18, 2012. Fifteen (15) Marathon entry winners including Grand Prize and First prize winners will be posted on www.affresh.com by August 17, 2012.
14. Sponsor: affresh™ Cleaners for Whirlpool Corporation, 2000 N. M-63
Benton Harbor, MI 49022-2692