2024 “BLOOMIN & BOLTS NIGHT OUT” SWEEPSTAKES, PRESENTED BY BLOOMIN’ BRANDS
OFFICIAL RULES
MUST BE 18 YEARS OF AGE OR OLDER AND A RESIDENT OF FL TO PARTICIPATE. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The 2024 “Bloomin & Bolts Night Out” Sweepstakes, Presented by Bloomin’ Brands (“Sweepstakes”) is open only to legal residents of Florida, age 18 or older at the time of entry. Void where otherwise taxed, prohibited or restricted by law. Employees, officers, directors, agents, and representatives the Tampa Bay Lightning, Bloomin’ Brands, Inc. (the “Sponsor”), the National Hockey League (“NHL”) and its Member Teams (collectively, the “NHL Entities) and each of their respective parents, affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, advertising and promotion agencies, and their immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, half-sister) and/or those living in the same household of each are not eligible to win. Sweepstakes is subject to all applicable Federal, state and local laws and regulations.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. (midnight) Eastern Time (“ET”) on March 27, 2024, and ends at 11:59:59 p.m.ET on April 10, 2024 (“Sweepstakes Period”). The time clock of the Sweepstakes Administrator is the official clock for this Sweepstakes.
3. TO ENTER: INTERNET: Visit http://www.enterpromo.com/NightOut and follow the on-screen instructions to properly complete and submit an online entry.
Only entries received during the Sweepstakes Period, and which are otherwise fully compliant with these Official Rules are “Valid Entries.” Limit one (1) entry per person, per e-mail address, regardless of method of entry stated above. Entrants may enter the Sweepstakes using one (1) valid name, phone number, and e-mail address. In the event of a dispute involving entries submitted by multiple individuals using the same wireless phone number, or email account, the entry will be deemed to have been submitted by the authorized subscriber of the email account or the authorized owner of the wireless phone number used to enter the Sweepstakes at the time of entry. The authorized account subscriber/owner is defined as the natural person who is assigned to a wireless phone number by the relevant wireless carrier or an email address by the relevant Internet access provider, online service provider or other organization responsible for assigning wireless phone numbers and/or email addresses for the domain associated with the submitted email address (as applicable) and he/she must fully comply with these Official Rules. Entries from any person, wireless phone number, email address, or household in excess of the above-stated entry limit are prohibited and will void all entries by that entrant. Entrants expressly agree to assume the risk of lost, late, incomplete, garbled, damaged, delayed, illegible, stolen, undelivered or misdirected entries and acknowledge that Released Parties (as defined below) are not responsible for such entries.
4. DRAWING/WINNER NOTIFICATION: Potential winners will be selected in a random drawing on or about 4/11/24 from among all eligible entries received throughout the Sweepstakes Period. Odds of winning depend upon the total number of eligible entries received. Drawing will be conducted by Promotion Security Group LLC (the “Administrator”), an independent judging organization, whose decisions in all matters relating to this sweepstakes are final. Potential winners will be notified by Administrator. All prizes will be awarded. The Sponsor and/or its independent judging Administrator will determine, in its/their sole discretion, which entries are deemed Valid Entries, and their decisions and the result of the drawing will be final in all respects.
Winner Notification: Potential winners will be notified by email and/or telephone using the information provided on such potential winner’s entry within three (3) days of the Drawing (“Prize Notification”). Prize Notification by telephone and/or email shall be deemed to have occurred on the date the Administrator or Sponsor’s designee first attempts to make telephone and/or email contact with a potential winner. If any prospective potential winner is found to be ineligible for any reason, an alternate potential winner may be selected at Sponsor’s sole discretion. If Prize Notification is returned as undeliverable, it will result in disqualification, and, at Sponsor’s sole discretion, the Prize may be awarded to an alternate potential winner. Any non-response by a potential winner or Administrator’s failure to receive a response from any potential winners within the prescribed three (3) business day period will result in disqualification of such potential winner and the selection of an alternate potential winner in Sponsor’s sole discretion and time permitting. In the event Sponsor or Administrator is unable to contact potential winners or if a potential winner is non-compliant with these Official Rules, the potential winner will be disqualified and an alternate potential winner will be selected. Neither Sponsor or Administrator are responsible for unsuccessful efforts to notify any potential winner. Notwithstanding the foregoing, a potential winner and any alternate potential winners are collectively referred to herein as a “Winner.”
5. PRIZES:
One (1) First Prize will be awarded, consisting of two (2) VIP Tickets to the Tampa Bay Lightning game scheduled for 4/17/24, Car Service to the game (awarded in the form of a $100 Uber credit), a Dinner Experience for two (2), up to a maximum of $300, excluding gratuity and taxes, at winner’s choice of Bloomin’ Brand restaurants (Date options to be provided during prize winner notification process), and one (1) Tampa Bay Lightning Third Jersey. Approximate Retail Value (“ARV”) of First Prize: $1,574.00.
One (1) Second Prize will be awarded, consisting of $500 in Bloomin’ Brands Gift Card (valid at all Bloomin’ Brands restaurants). ARV: $500.00.
One (1) Third Prize will be awarded, consisting of $250 in Bloomin’ Brands Gift Card (valid at all Bloomin’ Brands restaurants). ARV: $500.00. ARV of all Prizes: $2574
Released Parties will not replace any lost, stolen or damaged prizes, once they are in possession of the winner. Gift Cards subject to terms provided by Issuer.
6. Prize Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Terms and conditions regarding the Prize will be provided at the time of receipt of the Prize. In addition to the conditions set out above, at the end of the tax year for which the prize is awarded, prize winners may be issued a Form 1099 equivalent to the retail value of the Prize, for income verification and tax purposes, depending on total prize value. Any taxes are the sole responsibility of winner. Prize Winner is advised to seek independent counsel regarding the tax implications of their Prize winnings. In the event it is deemed during the verification process that potential Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with potential Prize Winner’s acceptance of the Prize, Prize Winner will be disqualified. Valid social security numbers will be determined by IRS requirements. In the event that the potential Prize Winner is disqualified for any reason, Sponsor shall have no liability or obligation to such individual.
No transfers, cash redemption, or substitutions are permitted, except that Sponsor reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value in its sole and absolute discretion. Allow one (1) to two (2) weeks for delivery of the prize following the notification process. All Prize details are at Sponsor’s sole discretion.
7. General: By participating, all entrants warrant and represent that they have complied in full with these Official Rules, including but not limited to all eligibility requirements, and further agree to be bound by these Official Rules and the decisions of Sponsor and/or the sweepstakes organization or entity, which are final and binding in all respects. All entries become the property of Sponsor and will not be returned or acknowledged. Entrants agree to the release of their name, address, and email information to Administrator for winner notification purposes and for public winner disclosure, as required by law. Entry materials that have been tampered with or altered, mass entries or entries generated automatically or robotically, or by a script, macro or use of any automated or mechanical device(s) or practices, or any other means which subvert the entry process are void. The Tampa Bay Lightning, Bloomin’ Brands, Inc., the NHL Entities, and their respective parents, affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, judging organizations, advertising and promotion agencies (collectively the “Released Parties”) are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; (ii) error, 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, mechanical, typographical, printing, computer, hardware or software malfunctions or errors of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor; (iii) hardware or software errors; faulty computer, telephone, cable, satellite, network, cellular towers, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled, scrambled, delayed or faulty data transmission entries; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes; or (iv) any injury or damage to entrant’s or any other person’s computer or other device related to or resulting from entering or otherwise participating in the Sweepstakes or downloading materials from or use of a Web Site. Released Parties are also not responsible for any other errors in connection with the Sweepstakes, including, without limitation, errors or problems in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Winners, or typographical, printing or other errors in these Official Rules or in any Sweepstakes-related materials. Sponsor reserves the right to withdraw and terminate, or modify, the administration of the Sweepstakes if it becomes technically corrupted, if a computer virus or system malfunction impairs its ability to conduct the Sweepstakes, or if the online entry method otherwise becomes impossible, impractical, infeasible for any other reason. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, 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 the Sweepstakes, Sponsor reserves the right, at its sole discretion to cancel, suspend, modify or terminate the Sweepstakes. In the event of cancellation or termination, Sponsor will award Prize for the drawing at issue in a random drawing from all non-suspect, eligible entries received for the applicable drawing up to the time of such cancellation or termination of the Sweepstakes.
RELEASED PARTIES WILL NOT BE LIABLE FOR, AND ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY, CLAIMS, DAMAGE, OR ACTIONS OF ANY KIND WHATSOEVER (INCLUDING INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY), RELATED, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATION IN THE SWEEPSTAKES, ACCEPTANCE, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, PARTICIPATION IN, PRESENCE OR ATTENDANCE AT, OR TRAVEL TO OR FROM, PRIZE-RELATED EVENTS OR ACTIVITIES, OR THE USE BY ANY RELEASED PARTY OF ANY ENTRY, OR ANY OTHER CLAIM OR CAUSE OF ACTION RELATING TO THE SWEEPSTAKES OR THE GRAND PRIZE.
8. DISPUTES: Please read this section carefully. It affects Entrant’s rights and will have a substantial impact on how claims Entrant and Sponsor have against each other are resolved. Except where prohibited, Entrant agrees that: (1) whenever Entrant has a disagreement with Sponsor arising out of, connected to, or in any way related to these Official Rules and/or the Promotion, Entrant will send a written notice to Sponsor (“Demand”). Entrant agrees that the requirements of this section will apply even to disagreements that may have arisen before Entrant participated in the Promotion. Entrant must send any Demand to the following address (the “Notice Address”): Bloomin’ Brands, Inc., Attn: Chief Legal Officer, 2202 N. West Shore Blvd., Suite 500, Tampa, FL 33607; (2) Entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after Entrant sends this Demand. If Sponsor does not resolve this disagreement to Entrant’s satisfaction within ten (10) business days, and Entrant intends on taking legal action, Entrant agrees that Entrant will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, Entrant must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, Entrant may file his/her case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. Entrant agrees that the arbitrator will have sole and exclusive jurisdiction over any dispute Entrant has with Sponsor. Entrant understands that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and Entrant agrees that it applies; (3) Entrant will not file any lawsuit against Sponsor in any state or federal court. Entrant waives any right to a trial by a jury or a state or federal judge. Entrant agrees that if Entrant does sue Sponsor in state or federal court, and Sponsor brings a successful motion to compel arbitration, Entrant must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s fees. Entrant will not file a class action or collective action against Sponsor, and Entrant will not participate in a class action or collective action against Sponsor. Entrant will not join his/her claims to those of any other person; (4) Notwithstanding any other provision in these Official Rules, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled exclusively in the United States District Court for the Middle District of Florida, Tampa Division, or in the Circuit Court in and for Hillsborough County, Florida. Under no circumstances does Entrant or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration; (5) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (6) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. 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 Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. THE
9. AGREEMENT TO OFFICIAL RULES By participating in the Sweepstakes, each entrant accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respect. In the event of any conflict or inconsistency between these Official Rules and any advertisement, promotional or marketing materials, or other announcements relating to the Sweepstakes, these Official Rules govern. Sponsor reserves the right to cancel or modify the Sweepstakes at any time. Sponsor may amend these Official Rules by posting such amended Official Rules on http://www.enterpromo.com/NightOut further agrees to release, indemnify and hold harmless Sponsor from all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented and/or prepared by or on behalf of Sponsor infringes on the rights of entrant’s work as contained in any submitted entry.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND TO DILIGENTLY PURSUE ALL REMEDIES (INCLUDING REASONABLE ATTORNEYS’ FEES) AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNERS’ LIST: For a list of Prize Winners, send a self-addressed stamped envelope by 4/1724 to: 2024 BLOOMIN & BOLTS NIGHT OUTSWEEPSTAKES-WINNER’S LIST, c/o PSG, PO Box 536986, Orlando, FL 32853-6986.
11. PRIVACY POLICY: Information collected from Entrants is subject to Sponsor’s Privacy Policy, located at https://www.bloominbrands.com/privacy-and-legal-notices
Sponsor: Bloomin’ Brands, Inc., 2202 N. West Shore Blvd., Suite 500, Tampa, FL 33607.
Administrator: Promotion Security Group LLC
