Whirlpool – Kitchenaid X Hbo Max The Big Brunch Mixer Giveaway – Win (1) 7 Quart Bowl-Lift Stand Mixer

KitchenAid
x HBO Max The Big Brunch Mixer Giveaway

Official
Giveaway Rules

(“Official
Rules”)

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
MAKING A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. ODDS OF WINNING WILL
DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
LIMIT OF ONE (1) ENTRY PER PERSON. ALL DISPUTES WILL BE RESOLVED SOLELY BY
BINDING ARBITRATION, AND ENTRANTS WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS
ACTION FORMAT. ENTRANTS ARE PROVIDING INFORMATION TO
“SPONSOR” (AS DEFINED BELOW) AND NOT TO INSTAGRAM.

1.   DESCRIPTION: The “KitchenAid x HBO Max The Big Brunch Mixer Giveaway”
(“Giveaway”) begins on or
about Thursday, November 10, 2022, and ends on Sunday, November 20, 2022, at
11:59:59 pm Eastern Time (“ET”) (the
“Giveaway Period”). The
sponsor of this Giveaway is Whirlpool Corporation, 2000 N. M-63, MD 2533,
Benton Harbor, MI 49022 (“Sponsor”).
The
administrator of this Giveaway is Creative Zing Promotion Group, 2100 E. Robinson St.,
Orlando, FL 32803 (“Administrator”). The Sponsor and Administrator shall collectively be
referred to as the “Giveaway Entities”.
Warner Media Direct, LLC and HBO Max are not responsible for the collection, submission or
processing of entries, the administration or execution of the Giveaway, the
selection of the winners, or any other aspect of this Giveaway. Void in
Alaska, Hawaii and where prohibited or restricted by law. Each individual
who enters the Giveaway (each, an “Entrant”)
unconditionally accepts and agrees to comply with and abide by these Official
Rules and the decisions of the Giveaway Entities, which shall be final and
binding in all respects. Entrants should look solely to the Giveaway Entities
with any questions, comments and concerns related to the Giveaway.

2. ELIGIBILITY: This Giveaway is open only to legal U.S. residents of forty-eight (48) contiguous United States and Washington,
D.C., (i.e.,
excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and
possessions) who are physically located and
residing therein and who are at least eighteen (18) years of age or
the age of majority. Each Entrant must be a
registered user of Instagram and in compliance with Instagram’s terms of use. Instagram
account registration is free and individuals may register by visiting Instagram and following
the on-screen instructions. Each Entrant must be the rightful owner (or have authorized use) of the Instagram
account associated with the entry (the “Entry”). In
the event of a dispute over the identity of an Entrant, the Entrant will be
deemed the natural person in whose name
the Instagram account was opened,
as long as such person is otherwise eligible in accordance with these Official
Rules.  In the event a dispute
regarding the identity of an Entrant cannot be resolved to Sponsor’s
satisfaction, the affected Entry will be deemed ineligible. Entries will not be
acknowledged except as provided herein. An Entrant must not be an employee,
officer, director, agent or representative of Giveaway Entities or any of their
respective parent companies, affiliates, divisions, subsidiaries, promotion or
advertising agencies, including Warner Media Direct, LLC and HBO Max, nor can an Entrant be an Immediate
Family Member and/or Household Member of such persons. For purposes of the Giveaway, “Household Members” shall
mean individuals who share the same residence at least three months a year;
“Immediate Family Members”
shall mean parents, stepparents, legal guardians, children, stepchildren,
siblings, stepsiblings, or spouses. 

3. HOW TO ENTER: To participate, each
Entrant must have a non-private Instagram account. During the Giveaway Period,
Entrant must: (i) log in to Instagram and locate the call-to-action post (the
“Post”) on Sponsor’s Instagram page located at https://www.instagram.com/kitchenaidusa/ (“Instagram Page”), (ii) comment directly
on the Post and (iii) follow the Instagram Page throughout the
Giveaway Period, and for at least fifteen (15) days thereafter (for potential
notification purposes).   Entries must be posted by the end of
the Giveaway Period. The Giveaway Entities reserve the right to request that an
Entrant edit or completely remove any content that may violate the Official
Rules. The Giveaway Entities will determine in their sole discretion which
Entries have satisfied the eligibility requirements.

In order for an Entrant to be eligible to participate in the Giveaway
and to be considered as a potential “Winner”
(as described below) the Entrant’s Entry must meet the following eligibility
criteria:

Entry
Requirements:

·        
Entrants
must have a non-private Instagram account and be able to receive direct
messages.

·        
The Entry must be unique and created by the Entrant for
purposes of this Giveaway.

·        
Each
Entrant must be the rightful owner (or have authorized use) of the Instagram
account associated with the Entry, as detailed in Section 2 above.

Entry
Eligibility Criteria:

The Entry
must respond to the Post.
The
Entry must comply with Instagram’s Terms of Use and these Official Rules.
Although
not requested or required, if the Entrant opts to include a photo, gif or
any other image with the Entrant’s Entry, the Entrant must be the rightful
owner or licensee of such photo, gif or image and the Entrant must have the
permission of any person who appears or is identified in the photo, gif or
image to use such person’s likeness in connection with the Giveaway. If
any minor appears in the Entry, the Entrant must be that minor’s parent
and/or legal guardian.
The Entry
must comply with the content restrictions below.

Entry Content Restrictions:

The Entry
must NOT contain material that infringes or violates any applicable laws
or regulations or any third-party rights, including: (1) copyright,
patent, trademark, trade secret or other proprietary or contractual
rights; (2) rights of privacy or publicity; or (3) any confidentiality
obligation.
The Entry
must NOT contain subject matter which is, or could be considered, in the
sole discretion of the Giveaway Entities, obscene, pornographic, violent
(e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.),
defamatory, libelous, discriminatory (based on race, sex, religion,
natural origin, physical disability, sexual orientation or age), illegal
(e.g., illegal gambling, underage drinking, substance abuse, computer
hacking, etc.), offensive, threatening, profane, hateful, degrading,
harassing, or otherwise unlawful, tortious or objectionable.
The Entry
must NOT contain any disparaging, defamatory or derogatory references to
any Released Parties, as detailed in Section 7 below.
The Entry
cannot communicate messages inconsistent with the positive images and/or
goodwill to which the Released Parties wish to associate.
The Entry
cannot violate any law, statute, regulation or ordinance.

Limitations: Limit one (1)
entry per person for the duration of the Giveaway Period. Entries
generated by a script, macro or other automated means will be disqualified.
Sponsor reserves the right to disqualify any Entrant that Sponsor determines to
be in violation of any term contained in these Official Rules. Sponsor’s
decision not to enforce a specific provision of these Official Rules does not
constitute a waiver of that provision or of the Official Rules generally. The
Giveaway Entities will determine in their sole discretion which entries have
satisfied the requirements of these Official Rules.

4. PRIZES (3): There are three (3) prizes
(each, a “Prize” and collectively,
the “Prizes”) available, each
consisting of one (1) 7 Quart Bowl-Lift Stand Mixer. Approximate Retail Value
(“ARV”): Six hundred forty-nine dollars and ninety-nine cents ($649.99).

EACH WINNER IS
SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS
AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE. Winners cannot
assign or transfer any Prize to another person. No cash alternatives or Prize
substitution is allowed except at the discretion of the Sponsor. If a Prize
cannot be awarded due to circumstances beyond the control of the Sponsor, a
substitute prize of equal or greater retail value may be awarded. No refunds,
credits or exchanges are allowed. The ARV of any Prize is subject to price
fluctuations in the consumer marketplace based on, among other things, any gap
in time between the date the ARV is estimated for purposes of these Official
Rules and the date the prize is awarded or redeemed. The Prizes are awarded
WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Each
Winner’s Prize will be shipped to such Winner at the address provided on the
returned Prize Acceptance Form within approximately sixty (60) days of the
conclusion of the Giveaway Period. Limit one (1) Prize per person and per
household. Any depictions of Prizes are for illustrative purposes only. Other
restrictions may apply. 

5. WINNER SELECTION & NOTIFICATION: On or about
Monday, November 21, 2022, three (3) potential Winners (each, a “Winner”) will be selected via a random
drawing, conducted by the Administrator, from among all eligible Entries
received. Each potential Winner will be notified via a direct message (the “Notification
Message”) on Instagram by Sponsor. Each potential
Winner must respond (as directed) to the Notification Message, and will be
required to (i) verify such potential Winner’s address and
(ii) complete an affidavit of eligibility,
a liability release, and, unless prohibited by law, a publicity release (collectively the “Prize Acceptance Form”),
all within twenty-four (24) hours of the
Notification send date and time (or a shorter time if necessary, as determined by the
Administrator in its sole discretion). The Giveaway Entities shall
have no liability for any Notification Message that is lost, intercepted or not
received by a potential Winner for any reason. Failure to complete the Prize Acceptance Form within the
specified time period may result in forfeiture of a Prize and Administrator’s selection
of an alternate potential Winner from the remaining eligible Entries. Sponsor,
in its sole discretion, will attempt to contact up to three (3) potential
Winners of a Prize in accordance with the above procedure, after which the Prize
in question may go un-awarded if it remains unclaimed. Prizes will not be
awarded until potential Winner eligibility is confirmed in a manner
satisfactory to the Giveaway Entities. If a Prize is awarded but goes unclaimed
or is forfeited by recipient, the Giveaway Entities may elect not to re-award
such Prize, in their sole discretion. If a potential Winner does not
respond to the Notification Message on the first attempted outreach, Sponsor
will make one (1) additional attempt to notify and verify the potential Winner.
If a potential Winner (i) does not answer either of the two (2) attempted
Notification Messages,  (ii)is found to
be ineligible, (iii) has not complied with these Official Rules, or (iv)
declines the Prize for any reason, such potential Winner will be disqualified
and an alternate Winner may be selected, at the sole discretion of the Giveaway
Entities. If an insufficient number of eligible Entries are received, Sponsor
reserves the right to not award all Prizes.
Sponsor reserves the right to disqualify anyone not
fully complying with the Official Rules. For tax
reporting purposes, each Winner must provide the Administrator with a valid
social security number in accordance with Internal Revenue Service regulations
before receiving any Prize. An IRS Form 1099 will
be issued in the name of the Winner for the actual value of the Prize received.
Such IRS Form 1099 will be issued by the Administrator on behalf of the
Sponsor.

6. ODDS OF WINNING: Odds of
winning depend on the number of eligible Entries received.

7.  CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole
discretion, may designate the Administrator or Sponsor’s agents to handle
winner selection and notification tasks on Sponsor’s behalf. All federal, state
and local laws and regulations apply. By
participating in this Giveaway and/or by accepting any prize, each Entrant
agrees to release the Giveaway Entities, Warner Media Direct, LLC and HBO Max, and
each of their respective parent companies, subsidiaries, affiliates,
shareholders, directors, officers, agents and employees (collectively, the
“Released Parties”) from
any and all actions, claims, injury, loss or damage arising in any manner,
directly or indirectly, from participation in this Giveaway and/or acceptance
or use of a Prize. Each Winner authorizes the Sponsor and
its designees to use such Winner’s Instagram username, photo, name, likeness,
biographical data, city and state of residence in advertising, marketing,
programming or promotional materials, worldwide in perpetuity, and on a Winners’
list, if applicable, without further compensation unless prohibited by law.
Sponsor is not obligated to use any of the above-mentioned information or
publicity materials, but may do so and may edit such information or materials,
at Sponsor’s sole discretion, without further obligation or compensation. The
Released Parties shall not be liable for: (i) any injuries, losses, liabilities
or damages of any kind including personal injury or death caused by the Prize
or resulting from acceptance, possession or use of a Prize including
participation in any activity related thereto, or from participation in the Giveaway;
(ii) telephone system, telephone or computer hardware, software or other
technical or computer malfunctions, lost connections, disconnections, delays or
transmission errors; (iii) data corruption, theft, destruction, unauthorized
access to or alteration of entry or other materials; (iv) late, lost, delayed,
stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled
or unintelligible Entries, communications or affidavits, regardless of the
method of transmission; (v) any inability
of Winner to accept or use any Prize (or portion thereof) for any reason and
such Prize or portion thereof shall be forfeited; or (vi) any printing,
typographical, human administrative or technological errors in any materials or
activities associated with the Giveaway. Released Parties disclaim any
liability for damage to any computer system resulting from participating in, or
accessing or downloading information in connection with this Giveaway. Sponsor
reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway
(or any portion of the Giveaway) at any time for any reason or should a virus,
bug, computer problem, unauthorized intervention, extenuating circumstance or
other problem/cause corrupt or inhibit the administration, security or proper
play of the Giveaway and, in such situation, will randomly select the Winners
from eligible non-suspect Entries received prior to and/or after such action or
in such manner as deemed fair and appropriate by the Giveaway Entities. The Giveaway
Entities may prohibit Entrant from participating in the Giveaway or winning a
prize if, in its sole discretion, it determines Entrant is attempting to
undermine the legitimate operation of the Giveaway by cheating, hacking,
deception, or any other unfair practices or intending to annoy, abuse, threaten
or harass any other Entrants or Giveaway Entities. CAUTION: ANY ATTEMPT TO
DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN
VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM
PARTICIPATION IN THE GIVEAWAY. SHOULD SUCH AN ATTEMPT BE MADE, GIVEAWAY
ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY
FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY PARTICIPATING IN THE GIVEAWAY, ENTRANT AGREES THAT
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND
CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED,
WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY,
OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS
($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND
3) 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

8. GOVERNING LAW/JURISDICTION: All issues and
questions concerning the construction, validity, interpretation and
enforceability of this Giveaway, or the rights and obligations of Entrants and the
Giveaway Entities, 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. Notwithstanding the terms of
Section 9 below, nothing herein shall be construed to waive or limit a party’s
right to seek injunctive or other equitable relief. The Entrant and the
Giveaway Entities hereby irrevocably consent to the exclusive jurisdiction of
the state or federal courts, as applicable, located in Berrien County,
Michigan.

9. ARBITRATION: Any and all
disputes, claims and causes of action arising out of, or connected with, this Giveaway,
including without limitation, any alleged violation of these Official Rules,
any controversy relating to the arbitrability of any dispute, or any claim that
the Giveaway, or any part thereof, is invalid, illegal or otherwise voidable
(or void), shall be resolved individually without resort
to any form of class action and exclusively by arbitration to be held solely in
Michigan under the auspices of the American Arbitration Association and
pursuant to its Commercial Dispute Resolution Rules and Procedures. Any and all claims, judgments, liabilities
and/or awards shall be limited to actual out-of-pocket costs incurred, but in
no event attorneys’ fees; and under no circumstances will the Entrant be
permitted to obtain awards for, and the Entrant hereby waives, all rights to
claim, punitive, special, incidental and/or consequential damages and any other
damages, other than out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased. 
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY
TO ALL ENTRANTS. Judgment upon the arbitration
award may be entered in any court having jurisdiction thereof.  This
arbitration provision shall be deemed self-executing, and in the event that
either party fails to appear at any properly noticed arbitration proceeding, an
award may be entered against such party notwithstanding said failure to appear.
 In no event shall any Entrant seek or be entitled to rescission,
injunctive or other equitable relief, or to enjoin or restrain the operation of
this Giveaway. If any part of this Arbitration Provision is deemed
invalid or otherwise unenforceable or illegal, the balance of this Arbitration
Provision shall remain in effect and shall be construed in accordance with its
terms as if the invalid or illegal provision were not contained herein.

10. PRIVACY POLICY: The personal
information provided by Entrants may be used as provided in Sponsor’s privacy
policy or these Official Rules.  See
Sponsor’s privacy policy at https://www.kitchenaid.com/resources/privacy-policy.html  for details regarding use of the personal
information collected in connection with this Giveaway. In the event of any
conflict between these Official Rules and such privacy policy, these Official
Rules shall control. By entering the Giveaway, you grant the Giveaway
Entities permission to correspond with you about the Giveaway via email and/or
phone and to share your email address and any other personally identifiable
information with the corresponding Giveaway Entities for the purpose of Giveaway
administration, communication and fulfillment. 
Sponsor will not sell, rent, transfer or otherwise disclose your
personally identifiable information to any third party other than as permitted
by these Official Rules or the Privacy Policy.

11. SPONSOR:
Whirlpool Corporation, 2000 N. M-63, MD 2533, Benton Harbor, MI 49022

12.ADMINISTRATOR: Creative Zing Promotion Group, 2100 E. Robinson St.,
Orlando, FL 32803.

13. WINNERS /OFFICIAL RULES: To obtain the names of the winners or a copy of
these Official Rules, send a request along with a stamped, self-addressed
envelope to ” KitchenAid x HBO Max The Big Brunch Mixer Giveaway” List/Rules, 2100 E.
Robinson St., Orlando, FL 32803. Requests must be received no later than December
31, 2022.

The Giveaway is in no way sponsored, endorsed or
administered by Instagram.