CHEDDAR’S RACE DAY GIVEAWAY (“Sweepstakes”)
Complete Rules, Terms & Conditions
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
- TO ENTER. Between 12:00:01 a.m. Eastern time (“ET”) on January 13, 2020 and 11:59:59 p.m. ET on February 28, 2020, text BRISTOL to 346464 or complete an official entry form online at https://vibescm.com/amoe/show/28636. All entries must be received by 11:59:59 p.m. ET on February 28, 2020. Following the foregoing instructions will give you one (1) entry into the Sweepstakes. Entries will not be acknowledged. Limit one (1) entry per person/email address.
- ELIGIBILITY. Sweepstakes open to individuals legally residing in the forty-eight (48) contiguous United States or the District of Columbia who are at least 21 years of age or older at the time of entry. Employees and agents of Sponsor and its parents and affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ and agents’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win the Sweepstakes. Void where prohibited or otherwise restricted by law.
- PRIZE DETAILS AND RELATED TERMS.
- GRAND PRIZE: Five (5) grand prize winners will each receive (i) two (2) suite tickets for winner and one (1) guest to the 2020 Cheddar’s 300 Xfinity Series race, scheduled to take place on April 4th, 2020 and the Food City 500 Cup race, scheduled to take place on April 5th, 2020 at Bristol Motor Speedway, located at 151 Speedway Blvd, Bristol, TN 37620 (“Event”); (ii) select food and beverage in the suite during the Event; (iii) one (1) double occupancy standard hotel room for three (3) nights/four (4) days; (iv) round-trip, coach class air transportation for winner and one (1) guest from a major commercial airport near winner’s home within the U.S. to major commercial airport near Event; and (v) one (1) $150 gift card for ancillary food and transportation expenses (collectively, the “Grand Prize”). Approximate retail value (“ARV”) of each Grand Prize: $4,800. Actual value of Grand Prize may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded. Certain restrictions and black out dates may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified by Sponsor or Grand Prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Winner and guest must travel on same itinerary. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner’s proximity to Event, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize winner. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Additional Grand Prize details and travel information to be provided to the winner at the time of notification. Grand Prize winner and guests 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, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
- SECOND PRIZE: one-hundred fourty-five (145) second prize winners will each receive two (2) Grandstand Tickets to the Cheddar’s 300 Xfinity Series Race on April 4th, 2020 at Bristol Motor Speedway, located at 151 Speedway Blvd. Bristol, TN 37620 (the “Second Prize”). ARV of each Second Prize: $140. Second Prize winners are responsible for full cost of transportation to and from the Event and all related expenses associated with attending the Event, including purchase of food and/or beverage.
The Grand Prizes and Second Prizes shall collectively be referred to herein as “Prizes.” Total ARV of all Prizes: $43,800. Winners are responsible for any and all applicable fees, service charges, surcharges or passenger facility charges and all insurance costs, federal, state, local and foreign taxes, if any, gratuities, meals, incidentals and any other unspecified expenses associated with acceptance or use of the Prizes. Sponsor is not liable for any expense incurred as a consequence of an Event cancellation or Event delay. Prizes are not redeemable for cash and may not be transferred, purchased, sold or bartered. Only original Event tickets will be honored. Event tickets are void if reproduced, altered, counterfeited, obtained or used improperly. Lost, stolen, damaged or destroyed Event tickets will not be replaced by Sponsor. All Prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Event dates and times are determined in the sole discretion of the Event producer, as applicable, and may be subject to change. Each winner and his/her guest agree to comply with all applicable Event venue rules and regulations. Sponsor, the Event producer, and/or Event venue security reserve the right to remove or to deny entry to any winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Event. Prize may be subject to additional terms and conditions set forth on the back of the tickets, including but not limited to terms regarding rescheduling due to rain or other reason for game cancellation; the terms and conditions of the tickets awarded as part of any Prize will govern if the Event is not held due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. No winner will receive compensation from Sponsor for tickets that the winner is unable to use for any reason. Each winner agrees that the Prize is awarded pursuant to a revocable, nontransferable license and may not be sold, resold, used for any commercial or promotional purpose whatsoever, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Winner and his/her guest may be required to produce government-issued identification prior to entering Event venue.
- DRAWING AND AWARDING OF PRIZES. On or about March 4, 2020, a random drawing will be conducted from among all eligible entries received by Sponsor. Sponsor’s decisions will be final in all matters relating to this Sweepstakes. The potential winners will be notified by text message or phone call on or about March 4, 2020. Each potential Grand Prize winner will be required to sign an affidavit of eligibility (which affirms that he/she has complied with these Official Rules) as well as a liability release, and where legal, a publicity release, each of which, if issued, must be completed, signed and returned within fourteen (14) days from date of issuance, or the Grand Prize may be forfeited and awarded to an alternate winner. Except where prohibited, acceptance of a Prize constitutes winner’s consent to use of his/her name and/or photograph without further compensation for advertising, promotional, and publicity purposes by Sponsor. By accepting a Prize, each winner acknowledge(s) compliance with these Official Rules. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Prize is non-transferable. No cash redemption or Prize substitution allowed by any winner. Sponsor reserves the right to substitute a Prize of equal or greater value if advertised Prize becomes unavailable. Limit one (1) Prize per household/family. Unclaimed Prizes will not be awarded.
- ODDS. Odds of winning depend upon the number of eligible entries received.
- TAXES. Any valuation of the Prizes stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to winners as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely each winner’s responsibility. Winners are solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Sponsor with valid identification and a signed IRS Form W-9 before any Prize will be awarded. United States residents that win $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. You must contact your own tax advisor for any questions concerning taxes.
- OTHER CONDITIONS. By participating, entrants agree to these Official Rules, which are final and binding in all respects and are subject to all federal, state and local laws and regulations. Sponsor reserves the right, at its sole discretion, to modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Sweepstakes is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prize(s) to winner(s) to be selected in random drawings from among the remaining uncorrupted eligible entries. By entering, entrants agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries/mail which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply. In the event, for whatever reason, the Event is cancelled, the Prize will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the Prize.
- DISPUTES. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
The Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida, in the City of Orlando.
- WINNER(S)’ LIST. For a list of the winners, mail a self-addressed stamped envelope to: Cheddar’s Scratch Kitchen 300 Sweepstakes, 1000 Darden Center Drive, Orlando, FL 32837. Requests for the winners’ list must be received by March 13, 2020.
- SPONSOR. Darden Restaurants, 1000 Darden Center Drive, Orlando, FL 32837 (“Sponsor”).