Maggianos Little Italy Refer Your Friends Sweepstakes (Promotion)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY REQUIREMENTS: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors and officers of Brinker International Payroll Company, L.P. (Sponsor), The Marketing Arm Inc. (Administrator), and their respective parents, subsidiaries and affiliated companies, distributors, franchisees and their employees, web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, Promotion Parties), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or step of each) and those living in the same households of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion) are not eligible to participate. VOID where prohibited.
2. TO ENTER: Starting 2/24/11 at 2:00 p.m. Eastern Standard Time (EST) through 11:59 p.m. EST on 3/31/11 (Promotion Period), there are two (2) ways to enter the Promotion. Please read the entry information below carefully. There is a limit of fifty (50) entries per email address regardless of entry method throughout the Promotion Period for a total of fifty (50) entries. These fifty (50) entries can be achieved via a combination of the below entry methods. Only fully completed entries are eligible. Once submitted, all entries become the exclusive property of Sponsor and will not be acknowledged nor returned. All entries must be received by 11:59 p.m. EST on March 31, 2011.
a. Refer a Friend that signs up for Maggianos E-Club: Current Maggianos E-club members will receive an email about the Promotion containing a unique link with their member id. These members will then be encouraged to forward the link to their friends, ask the recipients of the link to click on it and join the Maggianos E-Club. Referred friends will then receive an email encouraging them to sign up for the Maggianos E-Club. The referred friends will click on the link and be taken to a page where they will sign-up for the Maggianos E-Club. Current members will receive one (1) entry for each referred friend that signs up for the Maggianos E-Club, up to fifty (50), who clicks the link and completes the sign-up process during the Promotion Period. Should more than one (1) member refer the same friend who signs up, the entry will be given to the member whose link the friend clicked on when signing up.
b. Email Entry: Send an email to MaggianosRYFSweeps@themarketingarm.com with your First Name, Last Name, Email Address and Phone Number detailed in the body of the email and Enter Me as the subject line for one (1) entry via this method of entry. You may enter up to fifty (50) entries via this method of entry.
All entries submitted in compliance with these Official Rules and not disqualified are considered Eligible Entries.
3. PRIZES, APPROXIMATE ODDS OF WINNING AND APPROXIMATE RETAIL VALUES (ARV):
Grand Prize: One (1) Grand Prize winner will receive Maggianos for a Year. The prize will be awarded as $10,000 in the form of Maggianos Be Our Guest Certificates. The amount of the prize is calculated based on the assumption that the winner could dine at a Maggianos restaurant two (2) times each week, every week, for 12 months, with an average ticket price of $96.00. Be Our Guest Certificates are good for food and drink only, do not include gratuity, and are not for resale.
First Prize: One (1) First Prize winner will receive a Banquet Party worth $1,500 at a Maggianos Little Italy. The $1,500 Banquet Party includes food, non-alcoholic beverages, the event fee and sales tax, does not include alcohol, is subject to room availability and cannot be combined with any other discount or offer. Any amount above $1,500 is the sole responsibility of the winner.
Second Prizes: Ten (10) Second Prize winners will each receive $500.00 to spend at Maggianos in the form of Maggianos Be Our Guest Certificates. Be Our Guest Certificates are good for food and drink only, do not include gratuity, and are not for resale.
Third Prizes: Twenty-five (25) Third Prize winners will each receive $100.00 to spend at Maggianos in the form of Maggianos Be Our Guest Certificates. Be Our Guest Certificates are good for food and drink only, do not include gratuity, and are not for resale.
TOTAL ARV OF ALL PRIZES IN THE PROMOTION IS: $19,000.00
Each winner is responsible for any and all applicable fees and federal, state, local and foreign taxes, if any. Prizes are provided as is and without any warranty of any kind. Prizes are non-transferable. No cash redemption or prize substitution allowed by a winner. Sponsor reserves the right to substitute prize of equal or greater value if advertised prize becomes unavailable. Limit one prize per household/family.
Odds of winning depend upon the number of Eligible Entries received.
4. DRAWING AND AWARDING OF PRIZE:
All Eligible Entries received during the Promotion Period will be entered into a random drawing where the potential winners will be selected by the Administrator from among all Eligible Entries received. The drawing will be held, and potential winners will be contacted, on or around April 11, 2011. The potential winners will be notified via phone or email at the Administrators sole discretion. The Sponsors decision will be final in all matters.
Potential winners will be required to confirm his/her mailing address for Prize and/or paperwork delivery. If a potential winner does not confirm his/her address within five (5) days of initial contact, an alternate potential winner will be selected in a random drawing from among all remaining Eligible Entries.
The potential winners will be required to sign (his or her parent or legal guardian if the potential Grand Prize winner has not yet reached the age of majority in the jurisdiction in which they reside) and return an Affidavit of Eligibility and Release as well as an IRS W-9 (i.e. Request for Taxpayer Identification Number and Certification) each of which must be completed, signed and returned within five (5) days from date of issuance or the Prize will be forfeited and awarded to an alternate winner to be selected in a random drawing from among all remaining Eligible Entries.
If any prize, prize notification or attempted notification is returned as undeliverable, the prize will be forfeited and awarded to an alternate potential winner who will be selected by Administrator in a random drawing from among all remaining eligible entries. Except where prohibited, acceptance of a prize constitutes winners consent to use of his/her name and/or photograph without further compensation for advertising, promotional and publicity purposes by Sponsor. By accepting prize, each winner acknowledges compliance with these Official Rules.
5. GENERAL CONDITIONS: Winners are solely responsible for all federal, state and local taxes on their respective prize. No cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize will be permitted. By participating, entrants agree to these Official Rules, which are final and binding in all respects. Unclaimed prizes will not be awarded. This Promotion is offered only in the United States and is governed by the laws of the state of Texas, and all claims must be resolved in the federal or state courts in Dallas County, Texas.
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from users participation in, or attempt to participate in, the Promotion. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules. By participating in the Promotion, the entrant thereby releases Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrants participation in the Promotion. By accepting a prize, recipient agrees that the Sponsor and Promotion Parties and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by Winner against, any liability for injuries, including death, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Promotion; from acceptance, possession, misuse or use of a prize or offer; from participation in any prize-related activity or any travel related thereto which may be sustained in connection with the receipt, ownership or use of the prize or offer. Except where prohibited by law, Winner grants (and agrees to confirm this grant in writing) permission for Sponsor, the Promotion Parties and those acting under their authority to use his/her name, photograph, voice and/or likeness, image, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in any and all media now known or hereafter discovered, worldwide, and on the Internet, without notice, review or approval.
7. USE OF DATA. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsors privacy policy at http://www.brinker.com/terms.asp. By participating in the Promotion, entrants hereby agree to Sponsors collection and usage of their personal information and acknowledge that they have read and accepted Sponsors privacy policy.
8. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or Administrator on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. If Promotion is cancelled prior to the end date stated herein notice will be posted on go.maggianos.com/sweepstakes-rules and the Prizes will be awarded to potential winners to be selected in a random drawing from among all the remaining uncorrupted Eligible Entries received up until the time of modification or cancellation. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by a contestant to deliberately damage any Web site or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such contestant to the fullest extent of the law.
9. DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Dallas, Texas; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
10. WINNERS LIST/OFFICIAL RULES REQUEST: All requests for a copy of the Official Rules and for the names of the Winners must be made by April 11, 2011. For the name of the Winners and/or the Official Rules, send a self addressed stamped envelope to Maggianos Little Italy Refer Your Friends Sweepstakes Promotions Team, c/o The Marketing Arm, 1999 Bryan Street, Suite 1800, Dallas, TX 75201. Vermont residents may omit return postage if requesting Official Rules.
11. SPONSOR: Brinker International Payroll Company, L.P., 6820 LBJ Freeway, Dallas, TX 75240.
12. ADMINISTRATOR: The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.
Copyright 2011 Brinker International Payroll Company, L.P. All Rights Reserved. Printed in U.S.A.