NO PURCHASE NECESSARY TO ENTER OR WIN.
DATES OF SWEEPSTAKES: The Fleming's Prime Steakhouse & Wine Bar® "Napa Holiday 2012" Sweepstakes (the "Sweepstakes") begins at 9:00 am Pacific Standard Time ("PST") on November 1, 2012, and ends at midnight PST on December 31, 2012 (the "Sweepstakes Period").
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States (excluding Rhode Island and the District of Columbia) who are twenty-one (21) years of age or older at the time of entry (the "Entrant"). The Entrant who is selected as the potential Grand Prize Winner must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with potential Grand Prize Winner's acceptance of the Grand Prize (defined in the "GRAND PRIZE AND CONDITIONS" section). Valid social security numbers will be determined by Internal Revenue Service ("IRS") requirements. Officers, directors, managers and employees of OSI/Fleming's, LLC (the "Sponsor"), its parent company, subsidiaries, affiliates and related companies, dealers, advertising and promotion agencies, consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person and any others engaged in the development, production, execution or distribution of this Sweepstakes, are not eligible to participate. Sweepstakes is subject to all federal, state and local laws and regulations. Sweepstakes is void outside the fifty (50) United States, in the District of Columbia and where restricted or prohibited by law. Participation in the Sweepstakes constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Persons who have previously won a sweepstakes or promotion of any kind sponsored or otherwise associated with Sponsor within the thirty (30) calendar days immediately preceding the start of this Sweepstakes are ineligible to participate or win a prize.
TWO WAYS TO ENTER: Visit www.FlemingsSteakhouse.com/gift-cards (the "Website") during the Sweepstakes Period, purchase one (1) or more qualifying gift card(s) ("Gift card(s)") with a total combined value of one hundred dollars ($100) or more by clicking on the "Gift Card" tab and following the directions provided. Upon finalizing the purchase of the Gift Card(s), an Entrant will receive one (1) entry into the Sweepstakes for every one hundred dollars ($100) spent. For example: If Entrant purchases two hundred and fifty dollars ($250) in Gift Cards, he/she will receive two (2) entries into the Sweepstakes upon finalizing the purchase. If an Entrant purchases three hundred dollars ($300) in Gift Cards, he/she will receive three (3) entries into the Sweepstakes upon finalizing the purchase. After purchase of Gift Cards, for an entry(ies) to be valid Entrant must complete the official online Sweepstakes entry form in its entirety, including your first name, last name, home address, city, state, zip code, mobile phone number (including area code), email address and date of birth. For mail-in entry, on a 3x5-inch card, print your first name, last name, home address, city, state, zip code, mobile phone number (including area code), email address, birth month, day and year. Mail your 3x5-inch card in a sealed envelope addressed to Fleming's Prime Steakhouse, c/o Fleming's "Napa Holiday 2012" Sweepstakes, 1300 Dove Street, Suite 105, Newport Beach, CA 92660. All entries must be received by midnight (PST) on December 31, 2012, to be included in the Grand Prize drawing.
Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant's entries and that Entrant may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the person in whose name the email account (provided via the entry form) is registered (the "Authorized Account Holder"). The Authorized Account Holder is the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses, or the domain associated with the submitted email address. Potential Grand Prize Winner may be required to show proof of being the Authorized Account Holder. No mechanically or programmatically reproduced entries are permitted. Late entries, or entries sent via any other method will not be accepted. Sponsor is not responsible for lost, late, illegible, incomplete, delayed, misdirected entries and all such entries are void. All entries become the sole property of Sponsor and Sponsor has no obligation to acknowledge receipt of or to return any entry received.
WINNING/NOTIFICATION: There will be one (1) random drawing held on or about January 15, 2013, in which one (1) Grand Prize Winner will be selected from among all eligible entries received during the Sweepstakes Period. Odds of being selected as the Grand Prize Winner will depend upon the total number of eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Sponsor whose decisions are based upon its sole discretion and interpretation of these Official Rules and are final and binding in all respects.
POTENTIAL GRAND PRIZE WINNER WILL BE NOTIFIED BY A SPONSOR REPRESENTATIVE VIA PHONE, EMAIL OR U.S. MAIL FOLLOWING THE DRAWING AND HE/SHE MUST COMPLETE THE REQUIRED DOCUMENTS AS DEFINED IN THE "PRIZE CLAIMS" SECTION BELOW. If a potential Grand Prize Winner cannot be reached or does not respond by the date indicated in the notification after two (2) attempts have been made, he/she will be disqualified without compensation of any kind, and an alternate Grand Prize Winner may be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period. If a potential prize winning notification is returned as "undeliverable," the respective potential Grand Prize Winner forfeits his/her right to the Grand Prize and Sponsor shall have no obligation to such individual, and an alternate Grand Prize Winner may be selected at random from among all remaining non-winning eligible entries received during the Sweepstakes Period. The awarding of the Grand Prize (further defined in the "GRAND PRIZE AND CONDITIONS" section below) will commence after the Grand Prize Winner is confirmed via receipt of the Required Documents.
GRAND PRIZE AND CONDITIONS: One (1) Grand Prize will be awarded to the Grand Prize Winner. The Grand Prize package includes: (a) Roundtrip coach-class air transportation for the Grand Prize Winner and one (1) guest (the "Travel Companion") from a major airport in the continental U.S. near Grand Prize Winner's residence (determined by Sponsor at its sole discretion) to an airport servicing Napa Valley, California. Any travel necessary to major airport for departure by either Grand Prize Winner or Travel Companion is not included and is the sole responsibility of the Grand Prize Winner and Travel Companion. Trip must be booked and taken prior to December 1, 2013. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner's proximity to Grand Prize destination location, ground transportation will be substituted for roundtrip air transportation at Sponsor's sole discretion; (b) two (2) nights hotel accommodations, double occupancy, in Napa at a hotel to be determined by the Sponsor at its sole discretion; (c) a five hundred dollar ($500.00) American Express® gift card for meals and incidentals during travel and stay or for use at Grand Prize Winner's sole choosing and (d) two (2) VIP wine tastings. The total approximate retail value (the "ARV") of the Grand Prize is $3,500. Any difference in the stated ARV and the actual value at time of booking will not be awarded. Any expenses related to the Grand Prize, including without limitation, any taxes, fees, gratuities and personal expenses, are the sole responsibility of the Grand Prize Winner. The Grand Prize consists of only the items specifically listed as the Grand Prize. Depictions of any part of the Grand Prize package in any advertising or promotional materials may not reflect the actual prize awarded to the Grand Prize Winner.
Grand Prize Winner/Travel Companion must travel prior to December 1, 2013. All travel is subject to availability at time of request; blackout dates (including holidays) and other restrictions may apply. Tickets/itineraries are final once confirmed and may not be changed for any reason, other than at the sole discretion of the Sponsor. Grand Prize Winner and Travel Companion must travel on same itinerary and must have valid required travel documents (i.e., valid photo ID, passport, birth certificate, etc.) before departure. Grand Prize Winner and Travel Companion are solely responsible for determining and obtaining, each at his/her own cost, required travel documents. Travel Companion must be twenty-one (21) years of age or older to accompany the Grand Prize Winner. The Grand Prize is taxable as income and all federal, state, and local taxes, including but not limited to any taxes imposed on the income of the Grand Prize Winner as a result of winning the Grand Prize, and all other expenses not specifically mentioned herein as part of the Grand Prize, are the sole responsibility of the Grand Prize Winner.
There will be no prize substitution or cash redemption of the Grand Prize. Sponsor reserves the right to substitute a prize of equal or greater value. Grand Prize is not transferable prior to award. No responsibility is assumed by the Sponsor for any cancellation or rescheduling of any prize-related activities or events in whole or in part. In the event of cancellation or rescheduling of any prize-related activity or event, no alternate or substitute prize for such cancellation or rescheduling will be awarded. No more than the number of prizes set forth in these Official Rules will be awarded.
PRIZE CLAIMS: Except where prohibited by law, the potential Grand Prize Winner must sign and return to Sponsor, within five (5) business days of receipt, an Affidavit of Eligibility & Liability/Publicity Release (the "Release") (where permitted) and an IRS Form W-9 in order to claim the Grand Prize (collectively, the "Required Documents"). At the end of the tax year for which the Grand Prize is awarded, Grand Prize Winner will be issued a Form 1099 equivalent to the retail value of the Grand Prize, for income verification and tax purposes. Grand Prize Winner is advised to seek independent counsel regarding the tax implications of their Grand Prize winnings. Potential Grand Prize Winner must report income to the Internal Revenue Service (IRS). In the event it is deemed during the verification process that potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with potential Grand Prize Winner's acceptance of the Grand Prize, potential Grand Prize Winner will be disqualified. Valid social security numbers will be determined by IRS requirements. If a potential Grand Prize Winner fails to sign and return the Required Documents within the required time period, or if it is determined by the Sponsor, in its sole discretion, that potential Grand Prize Winner is not eligible in accordance with these Official Rules, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate may be selected from among the remaining non-winning eligible entries received during the Sweepstakes Period, time permitting. In the event that the potential Grand Prize Winner is disqualified for any reason, Sponsor shall have no liability or obligation to such individual. Grand Prize Winner consents (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent, except where prohibited by law) to Sponsor's use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade material without compensation, notice or approval; and, Grand Prize Winner disclaims any ownership rights of such advertising/publicity/trade material (residents of TN are not required to sign a publicity release).
GENERAL CONDITIONS: Should any portion of the Sweepstakes be, in Sponsor's sole discretion, compromised by virus, worms, bugs, nonauthorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on the Website. In such event, Sponsor reserves the right to award the Grand Prize at random from among the eligible entries received up to the time of the impairment. 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 or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry.
ACKNOWLEDGMENT AND RELEASE: By participating in the Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. By participating in this Sweepstakes, Entrants agree to release and hold harmless the Sponsor, and its officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, including consultants and legal advisors (collectively, the "Released Parties") from and against any claim or cause of action for any injuries, including personal injury, death, loss or damage of any kind arising out of participation in the Sweepstakes or receipt, redemption or use of any prize or claims based on right of publicity/right of privacy.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (i) unauthorized human intervention in any part of the entry process or the Sweepstakes; (ii) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (iii) any injury, damage or loss (including death) to persons or property of any kind, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or from the receipt, use or misuse of any prize; (iv) any printing or typographical errors in any Sweepstakes-related materials; (v) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries; or (vi) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Middle District of Florida, Tampa Division, or in the Circuit Court in and for Hillsborough County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) 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 Sweepstakes, 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.
WINNER'S LIST/RULES REQUEST: For the name of the Grand Prize Winner, or a copy of these Official Rules, please submit a self-addressed, stamped envelope by March 30, 2013, to Fleming's Prime Steakhouse & Wine Bar, c/o "Napa Holiday 2012" Sweepstakes (please specify Winner's List or Rules Request), 1300 Dove Street, Ste 105, Newport Beach, CA 92660. A copy of these Official Rules may also be obtained at the Website anytime during the Sweepstakes Period.
SPONSOR: OSI/Fleming's, LLC, 2202 North West Shore Boulevard, 5th Floor, Tampa, FL 33607.