‘Take Two’ Sweepstakes
Official Rules
No Purchase Required to Enter or Win. A Purchase Will Not Increase Your Chances of Winning.
1. Eligibility: The Chili’s ‘Take Two’ Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of the United States and are eighteen (18) years or older at the time of entry. Officers, directors, and employees of the Sponsor (as defined below), as well as the immediate family (spouses, parents, siblings, and children, and their respective spouses, regardless of where they live) and household members (whether or not related thereto) of each such persons are not eligible. The Sweepstakes is subject to all Federal, state and local laws and regulations and is void where prohibited by law.
2. Sponsor: The Sweepstakes is sponsored by Brinker International Payroll Company, L.P. [6820 LBJ Freeway, Dallas, Texas 75240], Zig.marketing, LLC [4401 Rockside Road Suite 214, Independence, Ohio 44131] and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes (collectively, the “Sponsor”).
3. Agreement to Official Rules: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
4. Entry Period: The Sweepstakes begins on September 1, 2010 at 12:00:01 am Eastern Time (“ET”) and ends on October 31, 2010 at 11:59:59 pm ET (the “Entry Period”). Entries or votes received outside of the Entry Period will be disqualified. To vote, you will be required to submit your first and last name, e-mail address and zip code. Voting shall be limited to one (1) vote per photo, per e-mail address, per day, for the duration of the Voting Period. Site visitors may vote on multiple photos throughout the voting period; however, a site visitor will receive only one (1) entry in a 24-hour period.
5. Entry: To enter, you must take a digital photo of yourself and a potential dining companion then go to the promotional website at www.shoutouteatout.com to submit the photo along with a short description explaining why you would like to dine at Chili’s. Online entry form must be complete and include name, mailing address and e-mail address for entry to be valid. Limit one (1) photo entry per person or e-mail address. Any additional entries will be void. Entries that are incomplete or that contain errors, trademarks/logos, copyrighted images or inappropriate/derogatory/defamatory images, language, nudity or profanity will be automatically disqualified. Sponsor is not responsible for lost, late, misdirected, altered, or destroyed entries. All entries become the property of Sponsor and will not be acknowledged or returned. Proof of sending will not be deemed proof of receipt by Sponsor. Sponsor will post eligible entries at www.shoutouteatout.com within one (1) business day of receipt. Sponsor reserves the right to edit or summarize any written description or photo prior to posting on the site. If at any time an entrant wishes to have their photo entry deleted from the website and no longer entered in the Sweepstakes, the entrant should contact Zig.marketing, LLC at the address in Section 2 of these Official Rules or by using the “Contact Us” form at the bottom of www.shoutouteatout.com.
6. Drawings/Odds of Winning: Odds of winning depends on total number of entries received as well as voter participation. One (1) gift card winner will be drawn at random each day from all photo entries received; and on or about November 1, 2010, one (1) Grand Prize winner will be declared based on highest number of votes received throughout the Entry Period. Non-winning entries will be carried forward for subsequent drawing. For the Grand Prize, voting is cumulative. The voting begins September 1 and ends October 31. Sponsor will attempt to notify all potential winners by e-mail. Potential winners must provide street address within five (5) days of being contacted by Sponsor in order for Sponsor to send prize. If a potential winner cannot be contacted within five (5) days after the first attempt to make contact, or potential winner does not provide street address within five (5) days of being notified, potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner at random from all eligible entries received.
7. Requirements of the Potential Winners: Except where prohibited, the potential winners once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”), within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner.
8. Prizes: ONE (1) GRAND PRIZE WINNER AND SIXTY-ONE (61) DAILY WINNERS: A: GRAND PRIZE WINNER: One (1) Grand Prize winner will be declared, based on greatest number of votes, and notified by email that he or she has won an original Chili’s chalkboard sketch by Sean McAfee, Chili’s official chalkboard artist. The original artwork will be a copy of the winner’s actual submitted photo, rendered in Chili’s style. Approximate retail value of Grand Prize is $250.00 USD. B. DAILY WINNERS: A total of sixty-one (61) Chili’s gift card prizes will be awarded by Sponsor throughout this Sweepstakes. Approximate retail value of each gift card: $20.00 USD. The total approximate retail value of all gift card prizes awarded throughout the one-month duration of the Sweepstakes is: $1,450.00 USD. The first name, last initial and city/state of each winner will be declared on the website www.shoutouteatout.com. Any applicable Federal, state or local taxes are solely the responsibility of each winner. No prize substitutions or cash substitutions or transfers are permitted, except in Sponsor’s sole discretion; prizes may not be assigned prior to being awarded to winners. Sponsor reserves the right to substitute a prize package with another prize of equal or greater value if advertised prize or any component thereof is not available. If a potential winner is an eligible minor in his/her state of jurisdiction, any prize will be awarded to his/her parent or legal guardian. An entrant may only win one (1) prize throughout the Sweepstakes.
9. Publicity/License/Information: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to (1) Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information and state of residence; and (2) a non-exclusive license to reproduce winner’s entry and photographs, or any portions thereof, for promotional purposes in any media without further payment or consideration. In addition, all information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with Brinker International’s Privacy Policy and is subject to Brinker International’s Terms of Use (http://www.brinker.com/terms.asp).
10. General Conditions: 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. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) award the prizes to the entrants based on the number of entries received at the time of the impairment. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. Release and Limitations of Liability: By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) any incorrect or inaccurate entry information; (f) inability to access the Sponsor’s website; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees and or related legal or other expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
13. Sweepstakes Results: For winners’ names, available after November 30, 2010, send a separate, self-addressed, stamped envelope to Zig.marketing, LLC, Chili’s ‘Take Two’ Sweepstakes c/o Nicole Selzer, 4401 Rockside Road Suite 214, Independence, Ohio 44131. Requests must be received by December 31, 2010. Winners will also be posted on www.shoutouteatout.com.



