Outback Steakhouse Promposal Contest. Official Rules

Transcription

1 Outback Steakhouse Promposal Contest Official Rules Please read these Official Rules carefully before participating in the Outback Steakhouse Promposal Contest (the Contest ) by visiting wwwoutbackcom/promposal By participating in the Contest, you acknowledge and agree that any materials you submit in connection with the Contest are subject to these Official Rules 1 ELIGIBILITY: The Contest is open only to legal residents of the 50 United States (or the District of Columbia) who are 13 years of age or older and who have a Facebook or Instagram account at the time of entry Employees of Outback Steakhouse of Florida, LLC ( Sponsor ) and their respective parents, subsidiaries, affiliates, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to participate Void where prohibited by law By participating, you agree (i) to these Official Rules and (ii) to the decisions of Sponsor, which are final and binding in all respects 2 HOW TO PARTICIPATE: The Contest entry period (the Entry Period ) starts at 12:01 am on April 3, 2017 and continues until 11:59 pm on April 23, 2017 All times are Eastern Entrants must post a photograph of their unique Promposal Idea ( Idea ) to their Facebook or Instagram account using #OutbackPromposal There is no entry limit for this Contest; however, only one (1) Facebook or one (1) Instagram account per person may be used to enter this Contest 3 WINNER DETERMINATION: Ideas will be judged using on the following criteria, weighted equally: creativity and originality Judging will be carried out by a panel of judges comprising representatives of the Sponsor within five (5) business days following the closing of the Contest Decisions by the judging panel in awarding points to eligible Ideas are final and without appeal In the event a potential winner does not timely return all required documentation, refuses the prize, is ineligible to accept the prize, or fails to claim the prize as directed, or is otherwise not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor s discretion, awarded to an alternate winner 4 SUBMISSION GUIDELINES: Ideas may not contain, as determined by the Sponsor, in its sole discretion, any content that: contains links to other websites and/or blogs that contain, promote or facilitate: religious or political organizations, hate or anti-government propaganda or activities, adult-themed or oriented material or services, gambling material or services, illegal activities or content, pornography or sexually explicit material or services, illegal drugs or business, alcohol, tobacco or firearms/weapons; contains a solicitation or advertisement of any kind; is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any political agenda or message; is obscene or offensive; endorses any form of hate or hate group; relates to a controversial subject; or contains hate propaganda; contains false, inaccurate or misleading information;

2 contains discriminatory or culturally, racially or socially insensitive material; appears to duplicate any other Idea; contains any fictional character, such as from any story, animation, graphic novel, computer game, toy, cartoon or comic; defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; contains use of patented or copyrighted materials, trademarks or logos owned by others without permission, to the extent permission is necessary; contains any personal identification, such as license plate numbers, full personal names, addresses or street addresses of any person, including, without limitation, celebrities and/or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates or encourages the violation of any law, rule, regulation or ordinance No information in the Idea can be confidential, proprietary or privileged by entrant or any third party Your Idea must be an original work, cannot have been previously published or won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity If the Idea contains any material or elements that are not owned by you, and/or which are subject to the rights of third parties, you are responsible for obtaining, prior to submission of the Idea, any and all releases and consents necessary to permit the use and exhibition of the Idea by Sponsor in the manner set forth herein Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from you at any time Failure to provide such proof may, if requested, renders Idea null and void By submitting an Idea, you represent and warrant that such Idea conforms to these Official Rules and understand that Sponsor, in its sole discretion, may disqualify an Idea for any reason, including if it determines, in its sole discretion, that the Idea fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion By submitting an Idea, you hereby grant permission for the Idea to be posted on the Sponsor s Website or other media outlets and to be used by Sponsor in accordance with the grant of rights set forth below You acknowledge that the Released Parties (as defined below) are not responsible for any unauthorized use of Ideas by third parties You understand that the Released Parties do not guarantee the posting of any Idea Sponsor can choose to not post and/or to take down an Idea, in whole or in part, at any time and for any reason, including, but not limited to, if Sponsor determines an Idea violates these Official Rules, in its sole discretion By submitting an Idea, you agree to grant Sponsor and its agents and designees an unlimited, worldwide, perpetual, nonexclusive, irrevocable, royalty-free, fully paid-up, sublicensable, transferrable, unrestricted license, under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, reproduce, store, archive, edit, modify, make derivative works of or based on, sublicense, display, disseminate, distribute, sell and otherwise exploit in any manner and for any purpose, the Idea (including all rights embodied therein) and any and all elements thereof, for any purpose, in, on or through any and all media, platforms, systems, devices, technologies, formats, business models or manner, now known or hereafter devised 2

3 (including, without limitation, on Sponsor s and its designees websites and applications), without compensation or notification to Entrant or any third party and without any further permission from Entrant or any third party Participation in a Contest constitutes permission for Sponsor and its agents and designees to use your name, biographical information, image, likeness, Ideas and/or statements about a Contest for advertising, trade, commercial, promotional and other purposes in any and all media now or hereafter devised, in any manner, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law 5 GRAND PRIZE: One Grand Prize winner will receive a Prom Dinner in the form of an Outback Steakhouse Gift Card in the amount of $250 Gift Card can be used at any Outback Steakhouse located in the United States Approximate Retail Value of Grand Prize: $250 Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion Winners are responsible for all federal, state and local taxes Grand Prize winner (or potential Grand Prize winner's parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to a Liability and Publicity Release, which must be received within 5 days of the date notice or attempted notice is sent, in order to claim his/her prize 6 GENERAL CONDITIONS: Since entry to this Contest is by means of a Third-Party service or site ( Third-Party Service ), such as a social media or social networking site, entrants must: (i) have a valid account with the applicable Third-Party Service and may be required to have a public (ie non-private) account to participate; and (ii) comply with the applicable Third-Party Service s terms and policies This Contest is not sponsored, endorsed, or administered by any Third-Party Service In particular, all Entrants acknowledge that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc ( Facebook ), and Instagram, LLC ( Instagram ) and that any questions, comments, or complaints regarding the Contest should be directed to the Contest Sponsor and not to Facebook or Instagram By participating in this Contest, you completely release Facebook and Instagram of all liability in relation to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from your participation By participating in a Contest, you also agree (i) to release, discharge, indemnify and hold harmless Sponsor, its parent, subsidiaries, affiliates, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, Released Parties ) from any liability or damages which may arise out of participation in a Contest or out of the acceptance, use, misuse or possession of any prize attained through a Contest All applicable federal, state and local laws and regulations apply Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Ideas, comments or ratings, or 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, or other errors or problems of any kind relating to or in connection with a Contest, whether printing, typographical, technical, computer, network human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of a Contest, the 3

4 processing of Ideas, the determination of winners, the announcement of the prize or in any Contest-related materials Persons found tampering with or abusing any aspect of a Contest, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Official Rules as solely determined by Sponsor will be disqualified and all points will be void Released Parties are not responsible for injury or damage to any Entrant s or to any other person's computer related to or resulting from participating in a Contest or downloading materials from or use of the Website Sponsor reserves the right to discontinue the participation privileges of any individual who does not comply with these Official Rules or who engages in any fraudulent, unlawful or disruptive activity, as determined by Sponsor in its sole discretion and all associated points will be forfeited CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE PORTAL OR UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION 7 DISPUTES: Please read this section carefully It affects Entrant s rights and will have a substantial impact on how claims Entrant and Sponsor have against each other are resolved 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 Contest, 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 Contest 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 4

5 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 Contest, 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 Promotion Sponsor agrees that it will submit all disputes with Entrant to arbitration before the AAA 8 Privacy Policy: Any personal information received by Sponsor in connection with the Contest, is subject to the Sponsor s Privacy Policy, which can be reviewed at 9 Copy of Winner s List: Please send a stamped, self-addressed envelope to (residents of VT may omit postage): Outback Steakhouse Promposal Contest Winner s List, 2202 N Westshore Blvd, Suite 500, Tampa, FL