Tyler on Twitch Giveaway
CHEDDAR’S SCRATCH KITCHEN
MEET AND GREET SWEEPSTAKES (“Sweepstakes”)
OFFICIAL RULES (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM A PRIZE. 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 5:30 PM EDT and 7:00 PM EDT on October 8, 2020 (“Promotional Period”), virtually attend the Tyler Reddick Meet and Greet, hosted by Cheddar’s Scratch Kitchen (the “Event”), by logging into your Twitch account by visiting Twitch.com, navigating to the Cheddar’s Scratch Kitchen Twitch Account at https://www.twitch.tv/cheddarsscratchkitchen, clicking “follow” to follow Sponsor’s Twitch Account, and leaving a comment in the “Stream Chat” feed at any time during the Promotional Period. Limit: one (1) entry per person regardless of the number of comments an entrant posts. Entries will not be judged. Entries must comply with the following “Submission Requirements”:
- Entries cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Entries cannot promote alcohol, illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message, or any activity which promotes excessive drinking, binge drinking, drinking beyond the legal permissible limit, etc.;
- Entries cannot include any materials relating to lotteries or gambling;
- Entries cannot make reference to individuals under the legal age of majority without providing a signed release from the minor’s parent or legal guardian;
- Entries cannot be obscene or offensive, endorse any form of hate or hate group;
- Entries cannot defame, misrepresent, or contain disparaging, libelous, tortious, or slanderous remarks about Sponsor or any of its products or services, or other people, products or companies, including Released Parties;
- Other than as expressly set forth in these Official Rules, entries cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission of the applicable owner of such brand or product, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses;
- Other than as expressly set forth in these Official Rules, entries cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Sweepstakes. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your entry and grant the rights herein granted to Sponsor;
- No background artwork should appear in an entry unless it is an original work of the entrant or otherwise expressly permitted by these Official Rules. Any artwork, murals, etc. (other than those expressly permitted in these Official Rules) that can be seen in an entry must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
- Entries cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Entries cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entries cannot depict, and cannot itself, be in violation of any law.
If you think an entry infringes your intellectual property rights, refer to Twitch’s reporting procedures. Sponsor reserves the right to waive these Submission Requirements in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, to request that you resubmit your entry if Sponsor determines that your entry fails to comply with the Submission Requirements above. By submitting an entry, you warrant and represent that it (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name or likeness is used in the entry; and (f) that publication of the entry via various media including web posting, will not infringe on the rights of any third party rights. You agree to indemnify and hold harmless, Released Parties (as defined below) from any claims to the contrary. You must “follow” Sponsor’s Twitch Account at least until Prize drawing to be eligible.
- ELIGIBILITY. Sweepstakes open to individuals legally residing in the forty-eight (48) contiguous United States or the District of Columbia who are at least 18 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. One (1) winner will receive one pair of autographed Tyler Reddick driving gloves from his NASCAR 2020 Rookie Cup Series Season (the “Prize”). Approximate retail value (“ARV”): $350.
- DRAWING AND AWARDING OF PRIZE. On or about 7:15 PM EDT on October 8, 2020, Sponsor will conduct a random drawing from among all eligible entries received by Sponsor. Sponsor will send a “Whisper” via Twitch to the potential winner requesting the potential winner’s e-mail address. The potential winner must respond to Sponsor’s “Whisper” with potential winner’s email address within 24 hours of Sponsor’s request thereof. The Sponsor’s decisions will be final in all matters relating to this Sweepstakes. The potential 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 in the manner required by Sponsor within fourteen (14) days from date of issuance, or the Prize may be forfeited. Except where prohibited, acceptance of a Prize constitutes winner’s consent to use of winner’s name and/or photograph without further compensation for advertising, promotional, and publicity purposes by Sponsor. By accepting a Prize, winner acknowledge(s) compliance with these Official Rules. If a potential winner is considered a minor in their jurisdiction of residence, the foregoing documents must be signed by their parent or legal guardian and such Prize will be delivered to minor’s parent/legal guardian and awarded in the name of minor’s parent/legal guardian. 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 winner. Sponsor reserves the right to substitute Prize of equal or greater value if advertised Prize becomes unavailable. Unclaimed prize will not be awarded.
- ODDS. Odds of winning depend upon the number of eligible entries received.
- TAXES. Any valuation of the Prize stated above is based on available information provided to the Sponsor. The value of the Prize will be taxable to the winner as income. All federal, state, and local taxes and any other costs and expenses associated with the acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. 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 cancel, 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 Official 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 to winner 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 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 Official Rules. Any entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified. In the event of a 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.
- 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 U.S. 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 winner, mail a self-addressed stamped envelope to: Cheddar’s Scratch Kitchen Meet and Greet Sweepstakes, 1000 Darden Center Drive, Orlando, FL 32837. Requests for the winner’s list must be received by November 30, 2020.
- SPONSOR. Darden Restaurants, 1000 Darden Center Drive, Orlando, FL 32837 (“Sponsor”).