2023 ULTIMATE TAILGATE SWEEPSTAKES
PRESENTED BY OUTBACK STEAKHOUSE® AND DR PEPPER®
MUST BE 18 YEARS OF AGE OR OLDER TO PARTICIPATE (19 IN NE & AL; 21 IN MS). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The 2023 Ultimate Tailgate Sweepstakes Presented by Outback Steakhouse and Dr Pepper (“Sweepstakes”) is open only to legal U.S. residents of AK, AL, AZ, AR ,CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NC, NE, NH, NJ, NM, NV, NY,OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, WV and WY, age 18 or older at the time of entry (19 in NE or AL; 21 in MS. Void where otherwise taxed, prohibited or restricted by law. Employees, officers, directors, agents, and representatives of Outback Steakhouse of Florida, LLC, Dr Pepper/Seven Up, Inc. and their respective parent companies, 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. The Promotion is subject to all applicable Federal, state, and local laws and regulations.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. Eastern Time (“ET”) on November 8, 2023, and ends at 11:59:59 p.m.ET on November 30, 2023 (“Sweepstakes Period”). The time clock of the Sweepstakes Administrator is the official clock for this Sweepstakes.
3. TO ENTER: Visit www.enterpromo.com/outbacktailgate during the Sweepstakes Period 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 per day throughout the Sweepstakes Period. Entrants may enter the Sweepstakes using one (1) valid name, wireless 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 more than the above-stated entry limit will be void. 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. DRAWINGS/WINNER NOTIFICATION: Administrator will select a potential winner in a random drawing to be held on or about December 1, 2023, 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 (“Administrator”), an independent judging organization, whose decisions in all matters relating to this sweepstakes are final. Administrator will notify the potential winner. Sponsor will award all prizes. The Sponsor and/or its independent judging organization 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 winner will be notified by email and/or telephone using the information provided on such potential winner’s entry on or about the drawing date stated above (“Prize Notification”). Prize Notification by telephone and/or email shall be deemed to have occurred on the date Administrator or Sponsor’s designee first attempts to make email and/or telephone 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 Prizes 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 two (2) 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 the 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 nor 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: Grand Prize: One (1) Grand Prize will be awarded, consisting of one (1) Traeger Tailgater portable wood pellet grill, Grill Cover, Folding Front Shelf for Grill, Wood Pellets, 5-Pack Drip Tray Liner, one (1) YETI® Tundra® 65 Hard Cooler, one (1) ION Audio Sport XL High Power All-Weather Rechargeable Portable Bluetooth Speaker, one (1) 10’ Tailgate Tent. (the “Grand Prize”) Approximate Retail Value (ARV) of Grand Prize: $1,469.94.
6. PRIZE CONDITIONS: 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.
7. General Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. 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. Prize award is subject to verification of eligibility and compliance with these Official Rules. Any Federal, state, and local taxes on Prizes, and any other costs, fees and expenses not explicitly stated herein as being awarded, are the sole responsibility of the Winner. Released Parties (as defined below) will not replace any lost, stolen, or damaged portion of the Grand Prize, once it is in possession of the winner.
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 the 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. Outback Steakhouse (the “Sponsor”), Bloomin’ Brands, Inc., Dr Pepper/Seven Up, Inc., and their respective parent companies, affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, advertising and promotion agencies (collectively the “Released Parties”) are not responsible for: (i) 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; (ii) 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 (iii) 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 the Prize for the drawing 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.
THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN TAMPA, FLORIDA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN TAMPA, FLORIDA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE OFFICIAL RULES OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
8. 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 www.enterpromo.com/outback. Entrant 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. WINNER’S LIST: For a list of Prize Winner, send a self-addressed stamped envelope by December 30, 2023, to: 2023 Outback Ultimate Tailgate Sweepstakes Winner’s List, c/o PSG, P.O. Box 536986, Orlando, FL 32853-6986.
Sponsor: Outback Steakhouse of Florida, LLC, 2202 N. Westshore Blvd, Suite 500, Tampa, FL 33607.
Administrator: Promotion Security Group LLC