O’charley’s – Nashville Christmas – Win grand prize of a trip for two (2) to Nashville TN from December 15 2019 through December 17 2019 (the “Grand Prize”) will be awarded to the Grand Prize Winner
“O’Charley’s Nashville Christmas” Sweepstakes and Instant Win Promotion Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS IS REQUIRED.
PROMOTION DATES: The “O’Charley’s Nashville Christmas” Sweepstakes and Instant Win Promotion begins at 12:00pm Eastern Time (“ET”) on September 9, 2019 and ends at 11:59pm (ET) on October 6, 2019 (“Promotion Period”). There are two (2) promotion elements: 1) the “Sweepstakes” (the “Sweepstakes”), and 2) the ‘Instant Win” (“Instant Win”), (collectively, the “Promotion”). All Entrants (as defined in the “ELIGIBILITY REQUIREMENTS” section of these Official Rules) must have access to the Internet in order to participate in the Promotion. Normal Internet, phone and usage charges imposed by your online or phone service may apply.
ELIGIBILITY REQUIREMENTS: In order to be eligible for entry into the Promotion, you must be a legal, permanent resident residing in Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Missouri, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, or West Virginia who is at least twenty-one (21) years of age at the time of entry (the “Entrant”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of (a) O’Charley’s, LLC (“Sponsor”) or any of its affiliates, and each of their respective franchisees, affiliates, contractors, consultants, legal counsel, public relations representatives, distributors, and sales representatives (“Sponsor Associates”), (b) the administrator of the Promotion, National Sweepstakes Company, LLC (the “Promotion Administrator”), or (c) Facebook, any website providers, webmasters, advertising or promotional, fulfillment, or marketing agencies, and any others engaged in the development, production, execution or distribution of the Promotion, herein (together with Sponsor, Sponsor Associates and Promotion Administrator (collectively, the “Promotion Entities”), are not eligible to participate in the Promotion. THE PROMOTION IS VOID OUTSIDE OF ALABAMA, ARKANSAS, FLORIDA, GEORGIA, ILLINOIS, INDIANA, KENTUCKY, LOUISIANA, MISSOURI, MISSISSIPPI, NORTH CAROLINA, OHIO, PENNSYLVANIA, SOUTH CAROLINA, TENNESSEE, VIRGINIA, WEST VIRGINIA AND WHERE RESTRICTED OR PROHIBITED BY LAW.
HOW TO ENTER/PLAY: To participate, enter and play this Promotion, Entrant will need a Facebook account (“Facebook Account”). If an Entrant does not already have a Facebook Account, visit www.facebook.com to create a Facebook Account; creating a Facebook Account is free. By creating a Facebook Account, Entrant will be required to agree to the Facebook terms of service and privacy notice. If an Entrant does not agree to Facebook’s terms of service (https://www.facebook.com/terms.php) and privacy notice (https://www.facebook.com/privacy/explanation), the Entrant cannot create a Facebook Account or participate in this Promotion.
Registration: During the Promotion Period, visit www.ocharleys.com/nashvillesweeps (the “Website”) to register for the Promotion by logging in via Facebook with your username and password. Then, complete and submit the official registration form with the required information in order to enter the Sweepstakes and play the Instant Win game. By registering, Entrant will receive one (1) initial entry into the Sweepstakes.
There are two (2) ways to receive additional entries into the Sweepstakes following the Entrant’s initial entry: 1) submit additional entries via Receipt (as described in 1a) or via Mail-in (as described in 1b) and 2) play the Instant Win game ( as described in 2).
Entrants may either submit a Receipt or Mail-in to receive twenty-eight (28) additional entries into the Sweepstakes and play the Instant Win game to receive another twenty-seven (27) additional entries into the Sweepstakes; however, Entrants will only receive a total of fifty-six (56) entries into the Sweepstakes regardless of the method used to enter. There is a limit of twenty-eight (28) plays for the Instant Win game per Entrant.
1a. Receipt: Login to the Website and select “Enter Receipt Code”. Then, enter a valid unique receipt code from Entrant’s purchase at a participating O’Charley’s restaurant in order to receive one (1) additional entry into the Sweepstakes. Entrant may submit one (1) unique receipt code per twenty-four (24) hour period after completing registration. Entrant will receive one (1) additional entry for each valid unique receipt code submitted via the Website during the Promotion Period.
1b. Mail-in in lieu of the Receipt method of entry: To receive additional entries into the Sweepstakes without submitting a valid unique receipt code, Entrant may enter by mail as follows: On a plain 3″ x 5″ card, legibly handprint or type your first name, last name, complete address, city, state, zip code, home phone number (including area code) and email address (if any) and mail an envelope containing your completed 3″ x 5″ card to: “O’Charley’s Nashville Christmas” Sweepstakes PO Box 10248, Rochester, NY 14610. Each envelope containing a properly completed 3″ by 5″ card shall equal one (1) entry. Limit one card per envelope. Entries must be postmarked by October 7, 2019 and received by October 14, 2019 to be eligible for the Sweepstakes drawing. Multiple entries submitted in the same envelope are void. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Sponsor will not verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, illegible, damaged or postage due mail-in entries.
2. Instant Win: During the Promotion Period, login to the Website and select “Daily Scratch Off”. Then, swipe to scratch off the game play area to reveal the Instant Win status page, subject to verification. Entrant may play the Instant Win game once per twenty-four (24) hour period. For each play, Entrant will have a chance to win an Instant Win prize and will receive an entry into the Sweepstakes, excluding Instant Win plays made on the same day as the Entrant completes registration, for which Entrant will NOT receive an additional entry into the Sweepstakes. Limit of twenty-seven (27) additional entries into the Sweepstakes using the Instant Win method of entry.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®. By participating, Entrant is providing his/her information to Sponsor, not to Facebook. Facebook® is a registered trademark of Facebook, Inc.
Neither Sponsor nor Promotion Entities are responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled
computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning the email address, or the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holder.
Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, automated entry, will void that Entrant’s entries and that Entrant may be disqualified from the Promotion. Multiple Entrants are not permitted to share the same e-mail address or Facebook Account. Neither Sponsor nor Promotion Entities will verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsor. Sponsor reserves the right to disqualify those entries deemed to be inappropriate or in violation of the Promotion (as defined solely by Sponsor).
HOW TO WIN:
Sweepstakes: On or about October 16, 2019, one (1) grand prize winner (the “Grand Prize Winner”) will be selected by a random drawing from among all eligible entries received during the Promotion Period and within the Mail-in entry dates as outlined in section 1b. of “HOW TO ENTER/PLAY” (if applicable). Odds of winning the Grand Prize (defined below) will depend upon the total number of eligible entries received during the entire Promotion Period.
Instant Win: One thousand sixty-eight (1,068) randomly, computer-generated winning times will be created by the Official Promotion computer system for the Instant Win game. The Official Promotion computer is the “official computer” and official time keeping device for the Promotion. Instant Win prizes will be awarded for Instant Win plays that correspond to the randomly computer-generated winning times created by the Official Promotion computer system. Odds of winning depend on the number of eligible entries received and the date and time in which the entry was submitted during the Promotion Period. The number of available Instant Win prizes will be reduced by the equivalent number of Instant Win prizes won during the Promotion Period.
Upon receiving an Instant Win message, a confirmation e-mail will be sent to the e-mail address supplied on the potential Instant Win prize winner’s official registration form. Print and retain the confirmation e-mail, as record of your potential prize winner status.
If for any reason, including, without limitation, a technical or other error, more Instant Win prizes are claimed in a category than the number set forth in these Official Rules, all Entrants making purportedly valid claims for that Instant Win prize will be entered into a random drawing from which Instant Win prize winners for only the advertised number of Instant Win prizes in that category will be selected.
No more than the number of prizes set forth in these Official Rules will be awarded.
The awarding of all prizes is subject to verification by the Sponsor and Promotion Administrator whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. A POTENTIAL PRIZE WINNER IS NOT A WINNER OF ANY
PRIZE UNTIL HIS OR HER ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED BY THE SPONSOR. Sponsor and Promotion Administrator will not accept screen shot or other evidence of winning in lieu of its validation process. Any potential prize winner announced on the Website or notified via the contact information supplied on the official registration form or connected to their Facebook account is subject to verification, if applicable.
Sweepstakes Grand Prize: One (1) grand prize of a trip for two (2) to Nashville, TN from December 15, 2019 through December 17, 2019 (the “Grand Prize”) will be awarded to the Grand Prize Winner. The Grand Prize includes: (a) two (2) round trip coach class airfare selected by Sponsor for Grand Prize Winner and one (1) guest between the major commercial airport closest to Grand Prize Winner’s residence (as determined by Sponsor in its sole discretion) and Nashville, TN; (b) three (3) consecutive night standard hotel accommodations at Gaylord Opryland Resort (standard room, double occupancy) in Nashville, TN; (c) two(2) general admission tickets to Rudolph the Red-Nosed Reindeer: The Musical at 2800 Opryland Drive Nashville, TN 37214; (d) two(2) general admission tickets to ICE® featuring A Christmas Story™ at 2800 Opryland Drive Nashville, TN 37214; (e) two(2) general admission tickets to the Country Music Hall of Fame and Museum in Nashville, TN; (f) two(2) platinum tickets to Madame Tussauds in Nashville, TN; (g) one (1) dinner for two (2) at participating O’Charley’s locations, consisting of a gift card for $200; and (h) one (1) $500 VISA gift card. Total Approximate Retail Value (“ARV”) of this Grand Prize is $3,300.00.
Grand Prize trip must be taken on the exact dates determined by the Sponsor and the Grand Prize trip dates cannot be modified or extended or the Grand Prize will be forfeited and awarded to an alternate Grand Prize Winner, time permitting. Grand Prize is subject to certain restrictions and exact travel times and arrangements are subject to availability.
Grand Prize Winner’s guest must be at least eighteen (18) years of age prior to travel.
Grand Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. The Promotion Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Grand Prize. The Promotion Entities are not responsible for any mechanical difficulties or failure connected with the Grand Prize, or any act or omission whatsoever.
Grand Winner and his/her guest will be required to travel on identical itineraries including the same departure date and return date. Air transportation and hotel accommodations must be taken together and cannot be taken separately. Guest must stay in the same hotel room as Grand Prize Winner. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with the Grand Prize are not eligible for upgrades, frequent flyer miles or any other Sweepstakes benefit. Sponsor will not replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they are in the Grand Prize Winner’s possession or in the possession of the guest. Travel must be roundtrip. Sponsor will determine flight itinerary in its sole discretion. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any travel arrangements. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s travel prize supplier. If the Grand Prize Winner elects to travel by him/herself o, no additional compensation will be awarded to the Grand Prize Winner.
If the Grand Prize Winner resides within a one hundred (100) mile radius of Nashville, TN (a “local resident”) or decides to drive, in lieu of the round trip air transportation portion of the Grand Prize, such Grand Prize Winner and guest will receive (as solely determined by Sponsor) a VISA gift card. The amount of the VISA gift card will be determined by the Sponsor. No compensation will be awarded in lieu of the difference in the ARV for the Grand Prize for a local resident or a Grand Prize Winner who decides to drive and the ARV for the Grand Prize who is not a local resident.
All costs and expenses not specifically included herein are solely the Grand Prize Winner’s responsibility, as are all federal, state and local taxes. The Grand Prize Winner and guest are solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). The Grand Prize Winner and guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Grand Prize. It is the responsibility of the Grand Prize Winner and his/her guest to arrive at the designated gateway airport(s) in time for each flight that is part of the Grand Prize.
Grand Prize Winner and his/her guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, taxes, travel insurance, bag check fees, parking fees, souvenirs and any other fees and expenses not specifically mentioned in these Official Rules. Grand Prize Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to the Grand Prize Winner and/or his/her guest will be the responsibility of the Grand Prize Winner.
Sponsor bears no responsibility if any event, element or detail of the Grand Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, the Sponsor shall have no obligation to the Grand Prize Winner aside from providing the travel portion of the Grand Prize, minus any unavailable event, element or detail. Grand Prize Winner and his/her guest shall be subject to all terms and conditions printed on any ticket issues in conjunction with the Grand Prize. In the event the Grand Prize Winner and/or guest are denied entry into any ticketed event or is removed or barred from any ticketed event location for any other reason, the Sponsor is not responsible and no further compensation or award will be provided.
Instant Win Prizes: Up to one thousand and sixty-eight (1,068) Instant Win prizes may be awarded, consisting of the following:
Four (4) prizes of a $250 Visa gift card having an ARV of $250 each.
Four (4) prizes of a $200 Boot Barn gift card having an ARV of $200 each.
Fifty (50) prizes of an O’Charley’s gift card having an ARV of $25 each.
Ten (10) prizes of an Amazon.com gift card having an ARV of $25 each.
Five hundred (500) prizes of a voucher for an O’Charley’s appetizer (exact appetizer awarded will be determined at the Sponsor’s sole discretion) having an ARV of $5.99 to $7.99 each.
Five hundred (500) prizes of a voucher for a slice of O’Charley’s pie having an ARV of $3.99 each.
Maximum possible total ARV of all available Instant Win prizes is $9,290.00.
Names of prize manufacturers are used solely for the purpose of identification of the prize. No endorsement, authorization, sponsorship, or approval by prize manufacturer for this Promotion is intended or implied.
Maximum possible total ARV of all prizes is $12,590.00.
Prizes shall be limited to twenty-eight (28) Instant Win prizes per person/household for the Promotion Period. Instant Win prize winners are eligible to win the Grand Prize. No transfer or substitution of a prize is allowed except at the sole discretion of the Sponsor. Any unused portion of a prize will not be awarded as cash or otherwise. Each prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Sponsor reserves the right to substitute a prize of equal or greater value if the prize becomes unavailable due to reasons beyond the control of the Sponsor. Sponsor will not replace any lost, stolen or missing prize. Terms and conditions of gift cards and vouchers will apply. Winning a prize constitutes permission for Sponsor and its agencies to use prize winners’ names, addresses (city & state/province/territory), voices, biographical information and/or likenesses for purposes of advertising, promotion and publicity, for this Promotion only, without further compensation, unless prohibited by law.
GRAND PRIZE CLAIM: Potential Grand Prize Winner will be notified by email via the email address provided at time of entry on or about October 18, 2019 (the “Notification”). Potential Grand Prize Winner must sign and return to the Promotion Administrator, within three (3) days of receipt, an affidavit/declaration of eligibility/release of liability/publicity release (the “Release”), a travel companion waiver (the “Waiver”) for his/her guest, and an IRS Form W-9 in order to claim his/her Grand Prize (collectively, the “Paperwork”). If the potential Grand Prize Winner fails to sign and return the Paperwork within the required time period, such potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received during the Promotion Period. The value of the Grand Prize may be taxable as income and Grand Prize Winner is solely responsible for any taxes on the Grand Prize, including, but not limited to all applicable federal, state, and local taxes that become due with respect to the value of the Grand Prize. Potential Grand Prize Winner must report income attributable to Grand Prize to the IRS as required by applicable law. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, such potential Grand Prize Winner will be disqualified and another Grand Prize Winner will be selected as outlined above, time permitting. Valid social security numbers will be determined by IRS requirements. The Sponsor (or a party acting on its behalf) must report the value of the Grand Prize to the IRS in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the IRS in the form of a Form 1099. All applicable taxes on the Grand Prize are the sole responsibility of the Grand Prize Winner.
INSTANT WIN PRIZE CLAIM: Entrants receiving an Instant Win prize message will be sent an email with instructions on redeeming his/her Instant Win prize. If any of the information is requested via email in order to fulfill the Instant Win prize and the Instant Win prize winner fails to return such information, the Instant Win prize winner forfeits his/her right to the Instant Win prize and the Instant Win prize will not be awarded. If the Instant Win prize is returned as undeliverable, the Instant Win prize winner forfeits his/her right to the Instant Win prize and the Instant Win prize will not be awarded.
GENERAL RULES OF PARTICIPATION: By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Promotion or these Official Rules. Sponsor may prohibit an Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Promotion Entities. If for any reason this Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and randomly draw from those entries received up to the cancellation/suspension date for the prizes available to be awarded. Any attempt by an Entrant to deliberately damage the Website or undermine the legitimate operation of this Promotion may be in violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such Entrant to the fullest extent permitted by law, including criminal prosecution. Winning a prize constitutes permission for Sponsor and its agencies to use winners’ names, addresses (city & state), voices, biographical information and/or likenesses for purposes of advertising, promotion and publicity, for this Promotion only, without further compensation, unless prohibited by law.
DISPUTES: By participating, Entrant agrees that: (1) under no circumstances will Entrant be entitled or permitted to obtain awards for, and Entrant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims, causes of action, and liability arising out of or connected in any way with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by litigation conducted in United States District Court for the Middle District of Tennessee, or any state court located in Nashville, Tennessee; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event shall attorneys’ fees be recoverable by any party.
NO LIABILITY: By participating, Entrants agree to release, discharge, indemnify and hold harmless the Promotion Entities and other organizations involved, and their respective officers, directors, employees, representatives and agents from and against any claims made by prize winners, Entrants, or any other third parties, related in any way to the operation of this Promotion as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. If for any reason this Promotion is not capable of being implemented as planned for any cause, Sponsor reserves the right to modify or suspend this Promotion.
WINNERS LIST REQUEST: To receive a list of prize winners, send a self-addressed, stamped (business size) envelope to: “O’Charleys Nashville Christmas” Sweepstakes Winners List Request, PO Box 10505, Rochester, NY 14610. Requests must be received by November 18, 2019.
SPONSOR: O’Charley’s, LLC, 3038 Sidco Dr., Nashville, TN 37204.