NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”) ONLY AND WILL BE GOVERNED BY APPLICABLE STATE AND FEDERAL LAWS.DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY.
DATES OF SWEEPSTAKES: Outback Steakhouse® “2017 Fall Racing” Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on September 19, 2017, and ends at 11:59:59 p.m. EDT on October 31, 2017 (the “Sweepstakes Period”). Void outside the 50 United States/D.C. and where prohibited.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and D.C. who are 18 years of age or older at the time of entry (19 or older if a resident of Alabama or Nebraska). Employees, officers and directors of Outback Steakhouse of Florida, LLC ("Sponsor"), Wunderman, LLC, an independent judging agency (“Judges”), Ford Motor Company, Homestead-Miami Speedway and each of their respective subsidiaries, affiliates, parent companies, advertising, promotion or any other agencies or entities involved with this Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to enter or win.
HOW TO ENTER:There are two (2) ways to enter: (A) Online; or (B), By mail.
(A) Online Entry: During the Sweepstakes Period, entrants may enter by visiting www.outbackracing.com (the “Website”) and following the prompts to complete the entry form with their first and last name, complete street address, city, state, ZIP Code, phone number and email address (the “Entry Form”). Once the Entry Form is completed in its entirety and the box is checked confirming you are at least 18 years of age (at least 19 if a resident of AL or NE), you will be asked to upload a receipt from a recent visit to any Outback Restaurant between 9/19/17 and 10/31/17. To upload the receipt, either take a picture of it with your phone or scan it, and then upload it to the Website. Receipt must be dated within the above time period, and date and all other information on the receipt must be legible. Once the receipt is uploaded and received by Sponsor, you will receive one (1) entry into the Sweepstakes. All online entries must be received by 11:59:59 p.m. EDT on October 31, 2017 to be included in the Sweepstakes Drawing described below.(B) Mail-in Entry. IF YOU WOULD LIKE TO ENTER WITHOUT MAKING A PURCHASE AND UPLOADING A RECEIPT, hand-print your full name, age, complete street address, city, state and ZIP Code, phone number (including area code), and email address (if any) on a 3” x 5” piece of paper and mail it in an envelope, with proper postage affixed, to: Outback Steakhouse 2017 Fall Racing Sweepstakes, P.O. Box 834, Lombard, IL 60148-0834. Upon receipt by Sponsor, you will receive one (1) entry into the Sweepstakes. Each mail-in entry must be hand-printed and mailed in a separate outer, postmarked envelope. All mail-in entries must be postmarked by October 31, 2017 and received by November 6, 2017 to be included in the Sweepstakes Drawing described below. Photocopied or mechanically-reproduced/generated entries are not allowed. Proof of mailing will not be deemed to be proof of receipt by Sponsor.
Limit one (1) entry per person/household/email address per day, regardless of the method of entry. For the purposes of this Sweepstakes, a “day” shall mean 12:00:00 a.m. to 11:59:59 p.m. EDT. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned except as provided herein, regardless of the method by which they were submitted.
If there is a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address provided by entrant on the Entry Form. The “Authorized Account Holder” is the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Proof of being the Authorized Account Holder may be required. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method or through a third-party entry service, and to disqualify any individual using such a method or service. Sponsor and the Judges are not responsible for: (i) electronic or digital transmissions, receipts, Entry Forms or mail-in entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, undeliverable, destroyed, non-conforming, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission or communication failures (including but not limited to failures or malfunctions of platforms, applications or other communications systems); (iii) destruction of or unauthorized access to, or alteration of, Entry Forms or mail-in entries; (iv) failed or unavailable hardware, software or mobile device transmissions (if applicable); (v) causes beyond Sponsor’s reasonable control that jeopardize or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (vi) any entry made in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); (vii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (viii) any typographical or other error in any printing or advertising related to this Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winners; or (ix) violation of these Official Rules, cheating or fraud by any participant. All incomplete, non-compliant or otherwise ineligible entries will be disqualified. Any attempt by an entrant to obtain entries in excess of the limitation stated above through any means will void all entries made by that entrant, and that entrant will be disqualified.
If you choose to enter via a mobile device, you will be subject to all related charges/fees in accordance with the terms of your agreement with your service provider. Participants are solely responsible for Internet connectivity, digital transmission, software and/or hardware that may be required in order to submit any entry.
All entry information becomes the sole property of the Sponsor and will not be acknowledged, except as provided herein.
By entering, participants agree to abide by and be bound by these Official Rules and the decisions of the Judges, which shall be final and binding in all matters relating to the Sweepstakes.
RANDOM DRAWINGS: A random drawing will be conducted on or about November 7, 2017, to select the winners of the prizes described below from among all eligible entries received during the Sweepstakes Period through both entry methods combined. The drawing will be conducted by the Judges, whose decisions will be final. Odds of winning a prize will depend upon the total number of eligible entries received through both entry methods combined.
PRIZES: One (1) GRAND PRIZE will be awarded. The Grand Prize winner will receive the following: One (1) 2018 Ford Escape SE Vehicle; One (1) VIP Race Weekend to the Homestead-Miami Race on November 19, 2017; and One (1) $1,000 Outback Steakhouse® Gift Card. The Approximate Retail Value (“ARV”) of the Grand Prize package is $34,000.
The 2018 Ford Escape SE is equipped with the standard base model features (complete details of the features will be available in October, 2017). The depiction of the vehicle prize in any advertising or promotional materials may not reflect the actual vehicle delivered to the winner. All federal, state and local income taxes, sales tax, optional equipment, insurance, licensing, registration, title fees and any other expenses not listed herein related to the acceptance and use of vehicle are the sole responsibility of the winner, including any travel and transportation costs associated with collecting the vehicle. Vehicle will be delivered via an authorized dealer to be determined by Sponsor. Delivery of vehicle is subject to availability. Allow approximately twelve (12) weeks for delivery of vehicle after verification of eligibility. Winner must take delivery of vehicle within thirty (30) days of notification that dealership has received vehicle. Grand Prize winner must provide a valid, current U.S. driver’s license from his/her state of residence in the United States and proof of insurance to take delivery of vehicle; failure to provide same may result in prize forfeiture and selection of an alternate winner in a random drawing from among the remaining entries. Vehicle will be delivered with standard equipment; any additional upgrades and options are at the sole expense of the winner. Color, package, factory options and other Grand Prize specifics are subject to availability. Grand Prize is non-transferable and non-exchangeable. Sponsor does not make, nor in any way manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the vehicle including but not limited to its quality, fitness for purpose or mechanical condition. The vehicle will carry the standard manufacturer’s limited warranty. The ARV of the vehicle is $30,000.
Race Weekend consists of: One (1) VIP race weekend for winner and one (1) guest to the Homestead-Miami Speedway in November 2017, which includes: (i) round trip, coach class air transportation for winner and guest from a major commercial airport near winner’s residence within the U.S. (as determined by Sponsor) to Miami International Airport in Miami, FL; (ii) pre-race pit passes, at the race venue, for winner and guest; (iii) Three (3) days/two (2) nights hotel accommodations (one standard room, double occupancy, room and tax only, at hotel chosen by Sponsor); and (iv) Two (2) Tickets (for winner and guest) to the race at Homestead-Miami Speedway on November 19, 2017 . If potential Grand Prize winner is unable to travel on dates designated by Sponsor, s/he will be disqualified and will forfeit this portion of the prize. The ARV of the Race Weekend is $3,000.
Ground transportation, telephone calls, meals, gratuities, luggage fees, incidental hotel/personal expenses and all other expenses not specified herein as being included in the Race Weekend are the responsibility solely of the winner. Sponsor reserves the right to structure travel destinations, routes and hotel selection at its sole discretion. Winner and guest must travel together on same itinerary. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If winner lives within 250 miles of race track, winner will be provided $200 in spending money for driving expenses in lieu of air transportation; the difference in value will not be awarded. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for tickets. Tickets may be subject to issuer’s standard rain-check policies and procedures, and winner and guest are bound by such policies and procedures. Winner’s guest must be 18 years of age or older (19 or older if a resident of AL or NE) subject to the following limited exception: the guest may be a minor if s/he is the child or legal ward of the winner. Guest must sign a Liability and Publicity Release prior to ticketing of travel. If guest is a permissible minor in accordance with these Official Rules, then winner must sign the Release on the guest’s behalf. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid driver’s license for air travel) required for travel. If winner chooses to travel without a guest, no compensation will be awarded in lieu thereof. Winner must comply with all hotel check-in requirements, including (but not limited to) the presentation of a major credit/debit card. Once travel guest is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Airline tickets are subject to flight variations, work-stoppages, and schedule or route changes. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel, venue operators, other prize providers or any other persons/entities providing any Grand Prize-related services or accommodations. Grand Prize winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, mutilated or stolen airline tickets, event tickets, vouchers or certificates will not be replaced. By accepting the Race Weekend portion of the Grand Prize, winner and guest agree to abide by any and all terms, conditions and restrictions provided on the ticket. Sponsor is not responsible if winner does not use ticket on day of event for any reason.
The ARV of the Grand Prize is based on estimates as of June 9, 2017. Actual value of the prize may vary at the time it is awarded based on point of departure, race destination, airfare fluctuations or other factors. Any difference between the ARV and actual value of the Grand Prize will not be awarded.
Ten (10) FIRST PRIZES will be awarded. Each First Prize will consist of: Two (2) tickets (for winner and one (1) guest) to a race of winner’s choice at one of the International Speedway Corporation Tracks listed below during the 2018 season; and one (1) $100 Outback Steakhouse® Gift Card. ARV: $315 each.
CHOICE OF RACES FOR GRAND AND FIRST PRIZE WINNERS ARE:
|ISC TRACK||LOCATION||RACE DATE(S)|
|Phoenix International Raceway®||Arizona|
|Auto Club Speedway®||Southern California, near Los Angeles|
|Richmond International Raceway®||Virginia|
|Kansas Speedway®||Kansas City, Kansas|
|Michigan International Speedway®||outside Detroit|
|Chicagoland Speedway®||Near Chicago, Illinois|
|Daytona International Speedway®||Florida|
|Watkins Glen International®||New York|
|Michigan International Speedway®||outside Detroit|
|Darlington Raceway®||South Carolina|
|Richmond International Raceway®||Virginia|
|Kansas Speedway®||Kansas City, Kansas|
|Phoenix International Raceway®||Arizona|
Availability of a specific race may change for reasons beyond Sponsor’s control. If so, winners will be informed of change(s) at the time they are notified that they have won.
Twenty (20) SECOND PRIZES will be awarded.Each Second Prize will consist of one (1) Outback Prize Pack that includes one of each of the following: Hat, Tumbler, 1:64 diecast car and a Bloom Card. ARV: $75 each.
Total ARV of all prizes is $38,650.
All potential winners will be notified by email, postal mail and/or telephone within approximately three (3) days following the prize drawing. All potential winners are subject to verification of eligibility and compliance with these Official Rules before any prize will be awarded. If any prize notification is returned as undeliverable, if the Judges deem a potential winner ineligible for any reason or if a potential winner cannot or refuse to accept a prize for any reason, the potential winner will be disqualified and his/her prize will be forfeited.
The potential Grand Prize winner will be required to sign, have notarized and return an unmodified Affidavit of Eligibility and Liability Release and, where permitted, Publicity Release within three (3) days of issuance. Failure to comply will result in disqualification and forfeiture of prize. If a potential winner is disqualified for any reason, his/her prize will be awarded to an alternate winner in a random drawing from among all remaining entries.
The prizes consist only of the items described above. All federal, state, and local income taxes on the prizes and all other costs not specifically outlined in these Official Rules, if applicable, are the responsibility solely of the winners. Grand Prize winner will be issued an IRS Form 1099 for the value of the prize. Grand Prize winner is advised to seek independent counsel regarding the tax implications of accepting the prize.
Prizes cannot be transferred, assigned or redeemed for cash or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof, including race destination) of equal or greater value if an advertised prize (or portion thereof, including race destination) becomes or is unavailable for any reason. Prizes (or any portion thereof) may not be sold, traded, auctioned, transferred, assigned or refunded. All prizes will be awarded provided they are claimed properly in accordance with these Official Rules.
BY ACCEPTING THE GRAND AND/OR FIRST PRIZE(S), EACH WINNER AND HIS/HER GUEST ACKNOWLEDGE AND ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ATTENDING RACING EVENTS AND PARTICIPATION IN ANY KIND OF RACE-RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, AND FURTHER ACKNOWLEDGE THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES THEY ARE PARTICIPATING IN (INCLUDING RACE ATTENDANCE AND PRESENCE IN PIT, IF APPLICABLE) AND THEY ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREE THAT RELEASED PARTIES (AS DEFINED BELOW) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR RESULTING INJURY AND/OR DEATH.
Except where prohibited by law, by accepting a prize, each prize winner hereby grants to Sponsor, and those acting under its authority, the irrevocable, royalty-free, fully paid-up right and license to use his/her name, image, likeness (photograph and/or videotaped/filmed image), biographical information (city and state of residence), statements regarding the Sweepstakes and voice in in commerce and in all media worldwide, including but not limited to the Internet and social media platforms, for advertising/publicity/trade purposes without additional compensation, notice or approval, and winners disclaim any ownership rights of such advertising/publicity/trade material.
ADDITONAL TERMS AND CONDITIONS: By accepting a prize, each winner agrees to release, discharge, and hold harmless Sponsor, Wunderman, LLC and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion agencies and the directors, officers, employees and agents of each of the foregoing (collectively the “Released Parties”) from and against any and all claims and liability for any injuries, including without limitation personal injury, death, loss or damage of any kind, or claims based on right of publicity/right of privacy or defamation, arising from or in connection with participation in the Sweepstakes or the acceptance, possession, use and/or misuse of any prize and/or participation in prize-related activities (if applicable),including but not limited to all travel related thereto.
DISPUTES/VENUE/GOVERNING LAW:Except where prohibited, by entering, each entrant agrees that: (i) 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; (ii) 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 effect 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; (iii) 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; (iv) 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; (v) 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 (vi) 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes- related materials or notifications, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
TAMPERING/EARLY TERMINATION: 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 of the Sweepstakes, or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. If the Sweepstakes is terminated prior to the stated end date, Sponsor reserves the right to award the prizes via a random drawing from among all eligible, non-suspect entries received through both entry methods combined up to the time/date of the termination. Notice of such action by Sponsor will be posted on the Website. Sponsor reserves the right in its 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. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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