Carrabba's Italian Grill® "Celebrate with Bocelli" Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
DATES OF SWEEPSTAKES: The Carrabba’s Italian Grill® “Celebrate with Bocelli” Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on October 11, 2013 and ends at 11:59 p.m. ET on December 15, 2013 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who are twenty-one (21) years of age or older at the time of entry (the “Entrant”). The Entrant who is selected as the potential Grand Prize Winner (defined in the “Winning/Notification” section) must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the Grand Prize (defined in the “Prizes” section). Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “Prize Conditions” section of these Official Rules. Officers, directors, managers and employees of Carrabba’s Italian Grill, LLC (the “Sponsor”), and its parent, subsidiaries, affiliates and related companies, dealers, advertising and promotion agencies, consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person and any others engaged in the development, production, execution or distribution of this Sweepstakes, including National Sweepstakes Company, LLC (the “Independent Administrator”), and Hyphos360, Inc. d/b/a Accudata Integrated Marketing, are not eligible to participate. Sweepstakes is subject to all federal, state and local laws and regulations. Sweepstakes is void outside the fifty (50) United States, the District of Columbia and Puerto Rico, and where restricted or prohibited by law. Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor and Independent Administrator’s decisions, which are final and binding in all matters related to this Sweepstakes. Persons who have previously won a contest, sweepstakes or promotion of any kind sponsored or otherwise associated with Sponsor within the thirty (30) calendar days immediately preceding the start of this Sweepstakes are ineligible to participate or win a prize.
TO ENTER: You may only enter one (1) time during the Sweepstakes Period. To enter, visit www.carrabbas.com/Bocelli (the “Website”) during the Sweepstakes Period and when prompted complete the Sweepstakes entry form (“Entry Form”) in its entirety, including your first name, last name, birth month and year, email address, home address, city, state, and zip code. Upon clicking the “Submit” button you will receive one (1) entry into the Sweepstakes.
Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the e-mail account (provided via the Entry Form) is registered (the “Authorized Account Holder”). The “Authorized Account Holder” is the natural person who is assigned to the e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses, or the domain associated with the submitted e-mail address. Potential Prize Winners (defined in the “Winning/Notification” section below) may be required to show proof of being the Authorized Account Holder. No mechanically or programmatically reproduced entries are permitted. Late entries or entries sent via any other method will not be accepted. Sponsor is not responsible for lost, late, illegible, incomplete, delayed, misdirected entries and all such entries are void. Sponsor will not verify receipt of entries for Entrants.
WINNING/NOTIFICATION: On or about December 16, 2013, one (1) grand prize winner (the “Grand Prize Winner”) and twenty-five (25) first prize winners (each, a “First Prize Winner”) will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. For purposes of these Official Rules, the Grand Prize Winner and First Prize Winner will be collectively referred to as “Prize Winners”. Odds of being selected as a Prize Winner will depend upon the total number of eligible entries received. The random drawing will be conducted under the supervision of the Independent Administrator whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects.
The potential Grand Prize Winner will be notified by email and/or registered mail immediately following the random drawing as further defined in the “Prize Conditions” section below. If a notification is returned as “undeliverable” the potential Grand Prize Winner forfeits his/her right to the Grand Prize (defined in the “Prizes” section below), Sponsor and/or Independent Administrator shall have no obligation to such individual, and an alternate Grand Prize Winner will be selected at random from among all remaining eligible entries received during the Sweepstakes Period, time permitting.
All First Prize Winners will be notified via overnight courier upon receipt of their First Prize (defined in the “Prizes” section below), within eight (8) weeks from the date in which all First Prize Winners are determined. If a First Prize is returned as “undeliverable” the respective First Prize Winner forfeits his/her right to the First Prize, Sponsor and/or Independent Administrator shall have no obligation to such individual, and an alternate First Prize Winner will be selected at random from among all remaining non-winning eligible entries received during the Sweepstakes Period. All Prize Winners consent (and agree to sign any additional documents required by Sponsor to formalize, effect or perfect such consent, except where prohibited by law) to Sponsor’s use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade without compensation, notice or approval; and, Prize Winners disclaim any ownership rights of such advertising/publicity/trade material (TN residents will not be required to sign a publicity release).
Grand Prize: One (1) grand prize of a “Valentine’s Day Bocelli Concert Experience” will be awarded to the Grand Prize Winner (“Grand Prize”). The Grand Prize includes: (a) two (2) floor seat tickets to an Andrea Bocelli concert held in Sunrise, Florida on February 14, 2014; (b) Roundtrip coach-class air transportation for the Grand Prize Winner and one (1) guest (the “Travel Companion”) from a major airport near Grand Prize Winner’s residence to the destination city. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of the concert or any flight. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner’s proximity to Grand Prize location, ground transportation will be substituted for roundtrip air transportation at Sponsor’s sole discretion; and (c) two (2) nights hotel accommodations, double occupancy, in hotel to be determined by the Sponsor at their sole discretion in the destination city. The total approximate retail value (the “ARV”) of the Grand Prize is $3,300. Any difference in the stated ARV and the actual value at time of booking will not be awarded. Sponsor will coordinate the booking of all travel associated with the Grand Prize. In the event the Grand Prize Winner wishes to book the air/ground transportation and hotel accommodations portion of the Grand Prize solely, Sponsor will provide such Grand Prize Winner with the concert tickets (having an approximate retail value (“ARV”) of $1,200) and multiple American Express® gift cards (having an ARV of $2,100). In such case the American Express® gift cards shall be subject to the terms and conditions of the gift cards themselves. Name of gift card manufacturer/trademark owner is used solely for purposes of identification of a Grand Prize element (if chosen by the Grand Prize Winner). No endorsement, authorization, sponsorship, or approval of gift card manufacturer/trademark owner is intended by such use. Any expenses related to the Grand Prize including without limitation, any taxes, fees, gratuities and personal expenses, are the sole responsibility of the Grand Prize Winner. The Grand Prize consists of only the items specifically listed as the Grand Prize. Depictions of any part of the Grand Prize in any advertising or promotional materials may not reflect the actual prize awarded to the Grand Prize Winner.
Grand Prize Winner/Travel Companion must travel on the dates associated with the concert on or about February 14, 2014 and must confirm travel dates with Independent Administrator upon claiming Grand Prize at time of Notification or Grand Prize will be forfeited. In such case, no alternate prize will be awarded to such Grand Prize Winner and an alternate Grand Prize Winner may be selected, time permitting. All travel is subject to availability at time of request, blackout dates (including holidays) and other restrictions may apply. Tickets/itineraries are final once confirmed and may not be changed for any reason, other than at the sole discretion of the Sponsor. Grand Prize Winner and Travel Companion must travel on same itinerary and must have valid required travel documents (i.e., valid photo ID, passport, birth certificate, etc.) before departure. Grand Prize Winner and Travel Companion are solely responsible for determining and obtaining, each at his/her own cost, required travel documents. Travel Companion must be twenty-one (21) years of age or older to accompany the Grand Prize Winner. The Grand Prize is taxable as income and all federal, state, and local taxes, including but not limited to any taxes imposed on the income of the Grand Prize Winner as a result of winning the Grand Prize, and all other expenses not specifically mentioned herein as part of the Grand Prize, are the sole responsibility of the Grand Prize Winner.
First Prizes: There will be a total of twenty-five (25) first prizes (each, a “First Prize”) awarded in the Sweepstakes. Each First Prize consists of a $25 Carrabba’s Italian Grill® Gift Card. The ARV of each First Prize is $25.00. The total ARV of all First Prizes to be awarded is $625. Each Carrabba’s Italian Grill® Gift Card is redeemable at any participating Carrabba’s Italian Grill® located within the fifty (50) United States, the District of Columbia and Puerto Rico and subject to Gift Card terms and conditions. Carrabba’s Italian Grill® Gift Card excludes gratuity.
For purposes of these Official Rules, the Grand Prize and First Prizes will be collectively referred to as “Prizes”. The total ARV of all Prizes to be awarded in this Sweepstakes is: $3,925. There will be no substitution or cash redemption of Prizes. Sponsor will not replace any lost, mutilated or stolen Gift Cards. Sponsor reserves the right to substitute any Prize with a prize of comparable or greater value if Prize should become unavailable for any reason. Prizes are not transferable prior to award. Prize Winners are responsible for all federal, state and local taxes arising from receipt, possession, acceptance or use of any Prize, if applicable. Throughout the Sweepstakes Period, Prizes shall be limited to one (1) per person/household. No more than the number of Prizes set forth in these Official Rules will be awarded.
PRIZE CONDITIONS: Except where prohibited by law, potential Grand Prize Winner must sign and return to Independent Administrator within seven (7) business days of receipt, an Affidavit of Eligibility & Liability/Publicity Release (the “Release”) and an IRS Form W-9 in order to claim the Grand Prize (collectively, the “Required Documents”). If potential Grand Prize Winner fails to return the Required Documents within seven (7) business days of receipt, potential Grand Prize Winner forfeits his/her right to the Grand Prize and another potential Grand Prize Winner will be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period. At the end of the tax year for which the Grand Prize is awarded, Grand Prize Winner will be issued a Form 1099 equivalent to the retail value of the Grand Prize, for income verification and tax purposes. Grand Prize Winner is advised to seek independent counsel regarding the tax implications of their Grand Prize winnings. Potential Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, potential Grand Prize Winner will be disqualified and another potential Grand Prize Winner will be selected from among the remaining non-winning eligible entries received during the Sweepstakes Period, time permitting. Valid social security numbers will be determined by IRS requirements.
GENERAL CONDITIONS: Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion 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 cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on the Website. 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 their 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. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE 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 THESE PROVISIONS.
RELEASE: By participating in this Sweepstakes, Entrants agree to release and hold harmless Sponsor, and each of its respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, including the Independent Administrator, Hyphos360, Inc. d/b/a Accudata Integrated Marketing, consultants and legal advisors (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt, redemption or use of any Prize.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (i) unauthorized human intervention in any part of the entry process or the Sweepstakes; (ii) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (iii) any injury, damage or loss (including death) to persons or property of any kind, which may be caused, directly or indirectly, in whole or in part, directly or indirectly from Entrant's participation in the Sweepstakes or from the receipt, use or misuse of any Prize; (iv) any printing or typographical errors in any Sweepstakes-related materials; (v) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries; or (vi) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software.
DISPUTES: Except where prohibited, Entrant agrees that: (1) whenever Entrant has a disagreement with Sponsor arising out of, connected to, or in any way related to these Official Rules and/or the Sweepstakes, Entrant will send a written notice to Sponsor (“Demand”). Entrant agrees that the requirements of this section will apply even to disagreements that may have arisen before Entrant participated in the Sweepstakes. Entrant must send any Demand to the following address (the “Notice Address”): Bloomin’ Brands, Inc., Attn: Chief Legal Officer, 2202 N. West Shore Blvd., Suite 500, Tampa, FL 33607; (2) Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after Entrant sends this Demand. If Sponsor does not resolve this disagreement to Entrant’s satisfaction within ten (10) business days, and Entrant intends on taking legal action, Entrant agrees that Entrant will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, Entrant must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, Entrant may file his/her case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. Entrant agrees that the arbitrator will have sole and exclusive jurisdiction over any dispute Entrant has with Sponsor. Entrant understands that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and Entrant agrees that it applies; (3) Entrant will not file any lawsuit against Sponsor in any state or federal court. Entrant waives any right to a trial by a jury or a state or federal judge. Entrant agrees that if Entrant does sue Sponsor in state or federal court, and Sponsor brings a successful motion to compel arbitration, Entrant must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s fees. Entrant will not file a class action or collective action against Sponsor, and Entrant will not participate in a class action or collective action against Sponsor. Entrant will not join his/her claims to those of any other person; (4) Notwithstanding any other provision in these Official Rules, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and re-filed exclusively in the United States District Court for the Middle District of Florida, Tampa Division, or in the Circuit Court in and for Hillsborough County, Florida. Under no circumstances does Entrant or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration; (5) 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 (6) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. 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 Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Sponsor agrees that it will not file a class or collective action against Entrant, and that Sponsor will not participate in a class or collective action against Entrant, for any disagreement arising out of, connected to, or in any way related to these Official Rules and/or the Sweepstakes. Sponsor agrees that it will submit all disputes with Entrant to arbitration before the AAA.
WINNER’S LIST/RULES REQUEST: For the name of the Prize Winners, or a copy of these Official Rules, please submit a self-addressed, stamped envelope by January 31, 2014 to Carrabba’s Italian Grill® “Celebrate with Bocelli” Sweepstakes (please specify Winners List or Rules Request), PO Box 10505, Rochester, NY 14610. A copy of these Official Rules may also be obtained at the Website any time during the Sweepstakes Period.
SPONSOR: Carrabba’s Italian Grill, LLC, 2202 North West Shore Boulevard, 5th Floor, Tampa, FL 33607.