“Golden Ticket” Promotion
NO PURCHASE OR WELLNESS PROGRAM ACTIVITY IS NECESSARY TO ENTER OR WIN. CHALLENGE OPEN TO KOHLER ASSOCIATES WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OR COUNTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
I. CHALLENGE DESCRIPTION AND ELIGIBILITY: The Kohler “Golden Ticket” Promotion (the “Challenge”, “Sweepstakes” or “Promotion”) is sponsored by Sharecare, Inc. (“Sharecare”) offered only to current Kohler and Kohler subsidiaries’ employees, (collectively, “Employees,” “Participant(s)” or “you”), who are eligible for the Sharecare digital platform and are at least the age of majority in their U.S. state or country of residence as of the date of entry. This is not a Contest. Participants will not be competing with or against each other. One hundred and forty (140) total winners (“Winner(s)”) will be selected during the Entry Period through a random drawing; winners will need to claim their prize by finding the “golden ticket” in their Sharecare mobile app between August 1, 2023 and August 31, 2023, or complete an Alternative Method of Claiming Prize as defined below. All Participants are required to have an active e-mail account and Internet access at the beginning of their entry and to remain employed as an active Employee with Kohler through the prize award to win a prize in this Promotion. Other eligibility requirements for the Promotion may apply.
II. ENTRY PERIOD: The Promotion begins on August 1, 2023, at 12:01 a.m. U.S. Central Daylight Savings Time (“CDT”) and ends on August 31, 2023 at 11:59:59 p.m. CDT (the “Entry Period”).
III. HOW TO ENTER: All Employees who are registered for Sharecare using their Kohler-specific onboarding page (“Registered Participants”) will be included in the random drawing that will take place on August 1, 2023, and then again on or before August 16, 2023. One hundred and forty (140) total Winners will be randomly drawn during the Promotion: Eighty-four (84) Winners for the first drawing; fifty-six (56) Winners for the second drawing.
IV. WINNER DRAWING AND NOTIFICATION; CLAIMING PRIZE: Sponsor will serve twenty-eight (28) winning timeline cards identified as “golden tickets” each week during the Entry Period to the Sharecare mobile apps of all Winners. Alternatively, Registered Participants may email Kohler@sharecare.com during the Entry Period to find out whether they have been selected in the drawing (the “Alternative Method of Claiming Prize”). For avoidance of doubt, Participants must still register for Sharecare for their Alternative Method of Claiming Prize to be valid. Winners must follow the instructions in the claim form linked via timeline card (or, in the case of the Alternative Method for Claiming Prize, the response email from Sponsor), which instructions will include, but not be limited to, responding to the timeline card and completing a Claim Prize form by September 11, 2023. If a potential Winner does not follow such instructions, or is otherwise ineligible or not in compliance with these Official Rules, then such person shall be disqualified and an alternate Winner may be selected for the Prize at issue or such Prize may be forfeited. For avoidance of doubt, failure to claim your Prize by September 11, 2023 will result in your forfeiture of the Prize. The Release Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential Winners. Odds of winning in the drawing depend upon the number of eligible Participants at the time of the drawing.
V. PRIZES: Winners will receive a choice of the following Prize Options: Lunchbox Cooler & Bento Box; Sleep/Sound Machine; Oversized Picnic Blanket (the “Prize(s)”). Approximate retail value of each prize is $35 USD. Total Prize Pool Approximate Retail Value (“ARV”) is $4,900 USD.
VI. GENERAL PRIZE TERMS AND CONDITIONS: All Winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. Applicable taxes will be attached to the Winner’s Employee Payroll Record.
If any potential Winner fails or refuses to sign and return any documentation required by Sponsor within the time period required by Sponsor or if the Prize or a Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner may be disqualified and an alternate Winner may be selected. Non-compliance shall result in disqualification and award of the Prize to an alternate Winner. 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 Winner, 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 Participant’s sole and exclusive remedy under such circumstances. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any Prize awarded in this Sweepstakes.
VIII. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Promotion is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion, in whole or in part, at any time, without notice and award the Prizes using all eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any Prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 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. In the event of a dispute regarding the identity of an individual who actually submitted an online or phone device Entry, the Entry will be deemed submitted by the authorized account holder of the e-mail account. “Authorized account holder” is defined as the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
IX. RELEASES: All Participants, as a condition of participation in this Promotion, agree to release Sponsor and its parent companies, subsidiaries, affiliates, advertising agencies, promotional suppliers (collectively, “Promotions Entities”) from any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor or Releases Entities’ web sites, (b) participating in any aspect of the Promotion, (c) the receipt, ownership, possession, use or misuse of any Prize awarded, (d) viruses or any downloading or other problems with the Promotion application, or (e) any typographical or other error in these Official Rules or the announcement of offering of any Prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any Prize, except for any express manufacturer’s warranty as may be included with the Prize. The Participant bears all risk of loss or damage to his/her respective Prize after it has been delivered.
X. GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, the terms and use and privacy policies of Sponsor and the decisions of the Sponsor, which are final and binding in all respects. The Promotion and these Official Rules shall be construed and governed in accordance with the laws of the State of Georgia, USA. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, Sponsor or the Promotions Entities in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Georgia, USA without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY PARTICIPATING, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 FIFTY DOLLARS $50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR JOIN IN ANY CLASS ACTION REGARDING THE PROMOTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
XI. SPONSOR: Sharecare, Inc., 255 East Paces Ferry Rd. NE, Atlanta, GA 30305.
XII. ADMINISTRATOR: Sharecare, Inc., 255 East Paces Ferry Rd. NE, Atlanta, GA 30305.
NO PURCHASE OR WELLNESS ACTIVITY NECESSARY. Internet access required. Promotion open from August 1, 2023, at 12:01 AM ET to August 31, 2023 at 11:59 PM ET. Open to current Kohler employees who are at least the age of majority in their state or country. Void where prohibited. See official rules at www.sharecare.com/pages/kohlergoldenticket. Sponsor: Sharecare, Inc.