NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
The Carrabba’s Italian Grill® #SpaghettiMoment Sweepstakes (the "Sweepstakes”) is only open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years old at the time of entry. Employees of Carrabba’s Italian Grill, LLC (“Sponsor”), its parent, subsidiaries and affiliate companies and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes an entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
During the Sweepstakes Period (as defined below), entrants must:
1. 'Follow' Carrabba’s Italian Grill on Twitter or Instagram
2. Post a photo to their public Twitter and/or Instagram profiles with #SpaghettiMoment. Tweet or photo must be dated 6/22/2015
The Sweepstakes begins on June 22, 2015 at 12:00AM Eastern Time (“EST”) and ends at 11:59PM EST on June 22, 2015 (the “Sweepstakes Period”). Only tweets or Instagram photos posted during the Sweepstakes Period will be considered for entry, even if there are fewer than five (5) eligible entries by the end of the Sweepstakes Period. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
Limit one (1) entry per person. Comments and/or photos containing content that is derogatory, profane, defamatory, libelous, slanderous, disparaging, lewd, obscene, threatening, sexually explicit, pornographic, illegal or otherwise inappropriate or objectionable will be deleted and the entrant will be disqualified. Any entry that fails to comply in all respects with these Official Rules is subject to disqualification, as determined by Sponsor in Sponsor’s sole discretion. Once posted, a comment/photo cannot be revised, altered or withdrawn by the entrant.
PRIZES: On or about June 23, 2015 at 10:00AM EST, five (5) photos will be chosen in a random drawing from all eligible entiries received during the Sweepstakes Period and the entrants who posted those will win a $50 e-gift card to Carrabba’s Italian Grill (“Prize”). Approximate Retail Value (“ARV”) of each Prize: $50.00. Total ARV of all Prizes: $250.00
ODDS OF WINNING:
The odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Prizes are not transferable. No prize substitutions or cash alternatives are allowed except as may be determined by Sponsor in its sole discretion. Sponsor will not replace any lost, mutilated, or stolen prizes. All federal, state, and local taxes and fees associated with the prizes, if any, are the sole responsibility of the winners. Sponsor will comply with all income tax reporting obligations.
WINNER NOTIFICATION (Maximum five prize winners):
A winner will be notified by Sponsor "liking" his/her winning photo and posting a “You’re a winner. Please email email@example.com to claim your prize” comment. It is the responsibility of each potential winner to send an email to the Sponsor containing such winner’s name, address and e-mail address. Any winner who does not send a message within seventy-two (72) hours of notification may forfeit his/her prize. SENDING AN EMAIL IS THE ONLY AUTHORIZED WAY TO RESPOND TO SPONSOR’S WINNER NOTIFICATION. COMMENTING BACK TO CARRABBA’S ON TWITTER OR INSTAGRAM WILL NOT BE DEEMED A RESPONSE IN COMPLIANCE WITH THESE OFFICIAL RULES.
By entering the Sweepstakes, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor, Twitter, Instagram and their respective parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies and any prize-sponsoring agency (collectively, "Released Parties"), from any and all liability whatsoever in connection with or related to this Sweepstakes, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants' privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY; (c) on behalf of himself/herself, and his/her executors and heirs that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (d) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes; and (e) that NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THIS SWEEPSTAKES OR A PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN "AS IS" BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY PROMOTIONS MATERIALS OF ANY PRIZE.
Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any portion thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; infection by computer virus; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Sweepstakes. In such event, the Sweepstakes shall be conducted from among all eligible entries received, if any, prior to such suspension, modification or cancellation. 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.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, typographical, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) other errors or problems of any kind relating to or in connection with the Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Sweepstakes or the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, inaccurate, incomplete, misdirected, delayed, damaged, garbled or stolen entries or mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
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 refiled 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.
The Sweepstakes and these Official Rules are governed by the laws of the State of Florida, without regard to its conflicts of law rules.
ENTRANT’S PERSONAL INFORMATION:
OFFICIAL RULES & WINNERS LIST:
For a copy of these Official Rules or names of the winners, send a stamped, self-addressed #10 envelope to Carrabbas’ Italian Grill® #SpaghettiMoment Sweepstakes c/o Mary Manchess, 2202 N. West Shore Blvd, 5th Floor, Tampa, FL 33607. Please specify which you are requesting: Official Rules or Winners List. Requests for either list must be postmarked by July 22, 2015. Vermont residents may exclude return postage.
Carrabba’s Italian Grill, LLC, 2202 N. West Shore Blvd., 5th Floor, Tampa, FL 33607.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. Entrants understand that the information being provided at point of entry is being provided to the Sponsor and not to Twitter or Instagram.