It’s the most wonderful time of the year. A time for celebrating the season’s festivities with family and friends and there’s no better excuse than to join us at Maggiano’s to enjoy a holiday party. What if your Maggiano’s holiday party picture could earn you another party for 20?
Share your Maggiano’s holiday party photo with us on Instagram! Use hashtag #MaggianosHoliday in your caption for the chance to win a party for you and 19 of your favorite people.* Enter by January 4, 2016 to qualify. Now that’s a reason to make your spirits bright!
*available at participating restaurants
MAGGIANO’S #MAGGIANOSHOLIDAY CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY REQUIREMENTS: The #MaggianosHoliday (the “Contest”) is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are twenty-one (21) years of age or older or the age of majority in their state of residence at the time of entry, (each an “Entrant”). Nominees must be (i.) legal residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding Rhode Island); (ii.) twenty-one (21) years of age or older at the time of entry; Employees and contractors of Brinker International Payroll Company, L.P. (“Sponsor” and “Administrator”) and their respective parents, subsidiaries, restaurant brands and affiliated companies, distributors, franchisees and their employees, web design, advertising, fulfillment, and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members of each (spouse, parents and siblings) and those living in the same households of each are not eligible to participate. VOID where prohibited or restricted by law.
2. CONTEST OVERVIEW: This Contest is open to Entrants who meet the eligibility requirements and submit a Maggiano’s holiday party experience as fully detailed in Section 3. Entrants cannot enter more than one (1) time.
3. TO SUBMIT A #MAGGIANOSHOLIDAY PHOTO: During the entry period, starting December 11, 2015 at 12:00 a.m. Central Standard Time (“CST”) and ending at 11:59 p.m. CST on January 4, 2016 (“Contest Period”), Entrants must (i) log onto their Instagram account; (ii) visit http://Instagram.com/maggianoslittleitaly and follow instructions to complete and submit an entry (a “Submission”), including a photo of Entrants holiday party at Maggiano’s Little Italy and a caption using hashtag #MaggianosHoliday. Entries may only be submitted in the name of a single person; group entries cannot be accepted.
Your entry, via Instagram, is considered one (1) entry (“Entry” or “Entries”) into the Contest. Limit one (1) entry per person from each Entrant throughout the Contest Period. Each Entrant may enter up to one (1) Entry into the Contest, Entries for the Contest must be received by 11:59 p.m. January 4, 2016 in order to be eligible. All fully completed Entries submitted in compliance with these Official Rules and not disqualified are considered (“Eligible Entries”) as applicable. By entering the Contest, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest. Sponsor’s clock is the official time keeping device for the Contest.
Select Submissions deemed suitable by Sponsor, in its sole discretion, will be posted, in whole or in part, on www.maggianos.com or any other website as determined by Sponsor in its sole discretion. Entrants agree that Sponsor may use their Submissions, including entrant’s first name in whole or in part in connection with the Contest without any additional compensation. Entrants agree that Contest Entities are not responsible for any unauthorized use of Submissions by any third parties.
Incomplete and/or inaccurate Entries are void. Once submitted, all Entries become the exclusive property of Sponsor and will not be acknowledged nor returned.
4. SUBMISSION GUIDELINES: All contents of Entrant’s Submissions, including but not limited to, content, text, images, graphics, photographs, captions, descriptions and data must be completely original to Entrant and must not have been taken or composed, in whole or in part, from any other source other than Entrant, must have been created specifically for Contest, and must not have been released commercially, in order to be an Eligible Submission. Submissions which contain materials that are not the original work of the Entrant, or are illegible or incomplete, will not be accepted or eligible to win.
Submissions must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, commercial products, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress except those of Sponsor, private property, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, personally identifiable information, including but not limited to, license plates, phone numbers, personal addresses, and any other content, including but not limited to, text, images, graphics, photographs, captions, descriptions and data that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, Submissions must be truthful and verifiable and not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer.
Sponsor reserves the right to disqualify any Submission that it deems, in its sole discretion, to be a material violation of the Official Rules or that is not in keeping with the Submission Guidelines specified herein or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate. Sponsor may request Entrant to modify or edit any Submission so that the Submission meets such guidelines. Sponsor is not obligated to use, publish or display or broadcast any Submission.
By entering the Contest, each Entrant represents and warrants that: (i) he/she has all rights to the Submission and all contents and components thereof, and that Entrant has obtained all rights, consents, and permissions, including, but not limited to, those of any persons that may be featured in Submission, necessary to grant the rights granted herein; (ii) that the Submission was created specifically for Contest; (iii) that the Submission, in whole or in part, has not been released commercially; (iv) the Submission does not and will not violate any law, statute, ordinance or regulation; (v) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Official Rules, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; (vi) the Submission is not and will not be defamatory, disparaging, libelous, pornographic or obscene; and (vii) any third party whose person or property is mentioned or referenced in the Submission has given Entrant appropriate written consent (which shall be provided to Sponsor and/or Administrator upon request) for such person or property to be referenced in the Submission and used by Sponsor as set forth herein.
All Entrants, whether a Winner or not, agree that in consideration of being considered to enter this Contest, grant Sponsor and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission (as long as these changes do not materially change the accuracy of the Entrant’s Submission); and (ii) the [exclusive OR non- exclusive], irrevocable, royalty free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual and aural elements, and or otherwise exploit, the Submissions, and/or any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to Entrant or any third party.
Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of Submission and their right to use Submission as specified in these Official Rules. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of Submission.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
Holiday Experience Grand Prize: One (1) #MaggianosHoliday winning photo will receive a Maggiano’s party for twenty (20) maximum guests at the Maggiano’s Little Italy of the Winner’s choice. Party must be booked and hosted by October 31, 2016. Prize does not include travel or gratuity. TOTAL ARV is $3500.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer of each prize element. No transfer, assignment or substitution of prize by winners. Sponsor reserves the right to substitute prize (or a portion thereof) for an item of comparable or greater value, at its sole discretion. All prize details are at Sponsor’s sole discretion. Under no circumstances will more than the advertised number of prizes be awarded.
6. JUDGING: Submissions will be judged by representatives of Sponsor (“Judges”) based on the judging criteria specified herein. There will be one (1) #MaggianosHoliday Submission selected from the Eligible Submissions received. The Submissions will be judged based upon the following criteria: (i) originality; and (ii) creativity (“Judging Criteria”). The Judges reserve the right to conduct interviews with any Entrant. The Judges also reserve the right to extend the Contest Period, select more Winners, or not to declare any Winner if, in their sole discretion, the Submissions do not meet the qualification standards based on the Judging Criteria specified herein. The application of the Judging Criteria shall be in the sole and absolute discretion of the Judges. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. Contest Entities and Judges disclaim any liability from any Entrant and Entrants agree to waive any claims against Contest Entities and Judges relating to the judging or awarding process.
Entrants acknowledge and agree that Sponsor may receive many Submissions in connection with this Contest and that some Submissions may be very similar in content, idea, theme, or in other respects to other Submissions received or submitted. Entrants waive any and all claims Entrant may have had, may have and/or may have in the future, that any Submission in this Contest is similar to his/her Submission, or that any compensation is due to Entrant in connection with such Submission.
7. WINNER SELECTION AND NOTIFICATION: Based on the content of the Eligible Submissions, the Judges will select one (1) Maggiano’s Holiday Winners on or about January 6, 2016.
Potential winner(s) will be notified via phone and/or email at the Administrator’s sole discretion, and will be required to confirm his/her address for paperwork delivery. If a potential winner does not confirm his/her address within one (1) day of initial contact, the prize will be forfeited and an alternate potential winner(s) will be selected from among all remaining Eligible Entries. The potential winners may be required to provide a photocopy of their driver’s license to verify age; sign and return an Affidavit of Eligibility and Liability Release, and where legal, a Publicity Release; as well as an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification) each of which, if issued, must be completed, signed and returned within three (3) days from date of issuance, or the prize may be forfeited and awarded to an alternate potential winner(s). Return of any prize/prize notification as undeliverable or lack of response by a potential winner(s) or noncompliance with these Official Rules may result in disqualification and selection of an alternate potential winner(s).
If there is a dispute as to the identity of an online entrant, the prize will be awarded to the Eligible Nominee named by the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service 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.
Odds of winning depend on the number of Eligible Entries received in total during the Contest Period.
8. GENERAL CONDITIONS AND TECHNOLOGY: Contest Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, unintelligible, returned or undelivered Entries, telephone calls, text messages or emails or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, Instagram, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Contest or website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate website’s terms of service, as solely determined by the Sponsor, will be disqualified. Contest Parties are not responsible for any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like methods of entry will void all such Entries, and may subject that entrant to disqualification. Contest Parties are not responsible for injury or damage to participant's or any other person’s computer or property related to or resulting from participating in this Contest. Should any portion of the Contest be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper entry of this Contest, or submission of Entries, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Contest, and randomly select the winner from valid Entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Sponsor further reserves the right to disqualify any individual who tampers with the Entry process. Caution: Any attempt by an entrant 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. Additional restrictions may apply.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Contest Parties resulting from user's participation in, or attempt to participate in, the Contest. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules. By participating in the Contest, the entrant thereby releases Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest. By accepting a prize, recipient(s) agrees that Contest 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 Contest; 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(s) grants (and agrees to confirm this grant in writing) permission for Sponsor, the Contest 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. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Instagram.
11. DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Contest 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 Contest, 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.
12. 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 January 30, 2016. For the name of the winners and/or the Official Rules, send a self-addressed stamped envelope to Brinker International Payroll Company, L.P., 6820 LBJ Freeway, Dallas, TX 75240. Vermont residents may omit return postage if requesting Official Rules.
13. SPONSOR: Brinker International Payroll Company, L.P., 6820 LBJ Freeway, Dallas, TX 75240.
14. ADMINISTRATOR: Brinker International Payroll Company, L.P., 6820 LBJ Freeway, Dallas, TX 75240.
© 2015 Brinker International Payroll Company, L.P. All Rights Reserved. Printed in U.S.A.