Kohler
“Summer of Champions” Promotion
Official Rules

NO PURCHASE OR WELLNESS PROGRAM ACTIVITY IS NECESSARY TO ENTER OR WIN. PROMOTION 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 “Summer of Champions” Promotion (the “Challenge”, “Sweepstakes” or “Promotion”) is sponsored by Sharecare Operating Company, Inc. (“Sharecare”) offered only to current Kohler, Co. (“Kohler”) and Kohler subsidiaries’ employees  (collectively, “Participant(s)”), 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. Employees, officers and directors of Sharecare’s or Kohler’s respective affiliates, advertising agencies, or promotional suppliers (collectively, “Promotions Entities”) are not eligible.  This is not a Contest. Participants will not be competing with or against each other. All Participants are required to have an active e-mail account and Internet access at the time of their entry and to remain employed as an active employee with Kohler or a Kohler subsidiary through the prize award to win a prize in this Promotion. Other eligibility requirements for the Promotion may apply. All applicable federal, state, and local rules apply. By entering, Participants agree to be bound by these Official Rules and the decisions of Sharecare, which shall be final in all respects relating to this Promotion.

II. ENTRY PERIOD: The Promotion begins on July 15, 2024, at 12:01 a.m. U.S. Central Daylight Savings Time (“CDT”) and ends on August 15, 2024 at 11:59:59 p.m. CDT (the “Entry Period”).

III. HOW TO ENTER: To enter, Participant must do the following steps: 1.) Register and create an account for Sharecare using their Kohler-specific onboarding page at sharecare.com/kohler. 2.) During the Entry Period, click on the “Summer of Champions” link at the top of the Sharecare home page to access the Summer of Champions web form and: (i) Complete three (3) of the qualifying activities listed for one (1) entry; or (ii) Complete five (5) qualifying activities for two (2) entries; or (iii) Complete eight (8) qualifying activities for three (3) entries. 3.) Self-attest to completing qualifying activities by filling out the web form and clicking the submit button. Limit one (1) web form submission with up to three (3) entries per person during the Entry Period. An active e-mail account, Internet access, and active employment with Kohler or a Kohler subsidiary are required to enter the Promotion. If, before the Entry Period, Participant has already registered for Sharecare, such previously completed steps will be deemed completed for purposes of the Promotion.

To also gain entry into the drawing for a Secondary Prize as defined below, Participant must be a legal resident of the United States of America and engage with their Sharecare Advocate either by calling 855-561-7028 or selecting the blue chat icon in the Sharecare app and securely chatting during the Entry Period.

Alternate Entries: As an alternative to the entry method above, Participants may send an email to: kohler@sharecare.com and request an alternate entry. Participant will need to provide the promotion name, full name, address, phone number, and email address. Only emails received by 11:59 PM PT on August 15, 2024, will be eligible. Limit of up to three (3) entries per person during the Entry Period, whether under this alternate method or the regular method. Sharecare reserves the right to disqualify any person who submits more than the maximum allowed entries or who Sharecare believes, in Sharecare’s sole discretion, has attempted to game the Promotion using multiple email addresses or the like.

IV. WINNER DRAWING AND NOTIFICATION; CLAIMING PRIZE: Sharecare will conduct a random drawing to select forty (40) total Grand Prize winners from all eligible entries. Twenty (20) Grand Prize winners will be selected randomly from the United States of America, and twenty (20) Grand Prize winners will be randomly selected from outside of the United States of America. Sharecare will also conduct a random drawing for ten (10) Secondary Prize winners from all eligible entries. Odds of winning depend on the number of entries received. The drawing will occur on or around August 19, 2024.

V. PRIZES: Each Grand Prize winner will receive one portable smoothie blender, (the “Grand Prize(s)”). Approximate retail value (“ARV”) of each Grand Prize is $60.00 USD.

Each Secondary Prize winner will receive an Amazon Gift card valued at $25.00 (the “Secondary Prize”). Each Secondary Prize has an ARV of $25.00 USD.

Total prize pool ARV is $2,650.00 USD. Limit one (1) prize per Participant. Winners will receive their prize notification via email, and the prize will be shipped within approximately 4-6 weeks after the end of the Promotion. Expenses not specified are winner’s responsibility. No prize substitution, in whole or in part, except by Sharecare due to prize unavailability or any other reason as solely determined by Sharecare, in which case a prize of comparable or greater value will be awarded.

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, and in any event, shall be the sole responsibility of the winner.

If any potential winner fails or refuses to sign and return any documentation required by Sharecare within the time period required by Sharecare 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 will be selected from the remaining eligible entries by random drawing by Sharecare. 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 prizes. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. Sharecare 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. No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sharecare due to prize unavailability or any other reason as solely determined by Sharecare, in which case a prize of comparable or greater value will be awarded.

VII. PRIVACY:  By participating in the Promotion, Participants agree to be bound by Sharecare’s Privacy Policy, located at www.sharecare.com/terms/privacypolicy.

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 Sharecare which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sharecare 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 SHARECARE 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 Sharecare and 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 Sharecare or Promotion 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. Sharecare 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. 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 Sharecare and the decisions of the Sharecare, 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, Sharecare or 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 PARTICIPANT.

XI. SPONSOR AND ADMINISTRATOR: Sharecare Operating Company, Inc., 255 East Paces Ferry Rd. NE, Atlanta, GA 30305.

ABBREVIATED RULES:

NO PURCHASE OR WELLNESS ACTIVITY NECESSARY. Internet access required. Promotion open from July 15, 2024, at 12:01 AM ET to August 15, 2024 at 11:59 PM ET. Open to current Kohler’s and Kohler subsidiaries’ employees who are at least the age of majority in their state or country of residence. Void where prohibited. Total ARV of all prizes is $2650 USD. See official rules at www.sharecare.com/pages/kohlersummerofchampions. Sponsor: Sharecare Operating Company, Inc.