Accuracy, Completeness and Timeliness of Information on the Sites
Red Lobster is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
Use of Materials on the Sites
All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Red Lobster, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to Red Lobster, is expressly prohibited without the prior written consent of Red Lobster. You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time. Red Lobster reserves the right to refuse or cancel any person's registration for the Sites, remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. Red Lobster, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Red Lobster's sole discretion. Red Lobster neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Red Lobster.
You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. Red Lobster reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Red Lobster may be entitled at law or in equity.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Facebook and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.
If you do submit material, and unless we indicate otherwise, you grant Red Lobster an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Red Lobster is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Red Lobster. You grant Red Lobster the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Red Lobster for all claims resulting from content you supply.
Conduct on the Sites
Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites you agree to provide true, accurate, current and complete information about yourself.
Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Red Lobster immediately. Red Lobster may assume that any communications Red Lobster receives under your password have been made by you unless Red Lobster receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Red Lobster®, Cheddar Bay Biscuits®, Lobsterfest®, Endless Shrimp®, and Sea Food Differently®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Red Lobster's express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Red Lobster's express written consent.
The Sites may contain links to other websites, some of which are operated by Red Lobster and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Red Lobster is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Red Lobster, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner's prior written permission, except as otherwise described herein. Red Lobster reserves all rights not expressly granted in and to the Sites and its content. The Sites and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Red Lobster has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Red Lobster's system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Red Lobster Management LLC
450 S. Orange Ave., Suite 800
Orlando, FL 32801-3383 Phone: 844-755-3425, ext. 2
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Red Lobster is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Sites, including material you provide to us, and so we have an absolute right to remove any material from the Sites in our sole discretion at any time.
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. RED LOBSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED LOBSTER OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RED LOBSTER NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, RED LOBSTER'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RED LOBSTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RED LOBSTER NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RED LOBSTER IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND RED LOBSTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction and Applicable Law
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
How to Contact Us
Calling us at: 844-755-3425, ext. 2
Emailing us at: ComplianceEthics@RedLobster.com
Red Lobster Management LLC
Compliance and Ethics Office
450 S. Orange Ave., Suite 800
Orlando, FL 32801-3383
Thank you for visiting our Sites.
Usage of Submitted Content
By posting any content to Red Lobster's Facebook page or participating in a promotion, you grant (and you represent that you have all necessary rights to grant) an unlimited, perpetual license to Red Lobster Hospitality LLC, on behalf of itself and its affiliates, and its or their agencies and contractors, to publish, perform, adapt, edit, modify, reformat or otherwise use such content (including your name, biographical information, opinions, ideas, photographs, images, recordings, and any submission or content provided by you through our Facebook page in connection with a promotion) on our Facebook page, other social media platforms, and websites, in all media (now known or developed in the future), for commercial, advertising, promotional, or any other purpose, without approval by or consideration to you.
By using the Red Lobster site (the “Site”) you are agreeing to be bound by the following Terms and Conditions.
Gift Card Terms and Conditions
Your purchase, use or acceptance of a Gift Card constitutes acceptance of the following terms and conditions. This Gift Card is issued by and represents an obligation solely of Darden SV, Inc. (“Darden”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (1) Except where required by law, this gift card is not redeemable for cash. (2) We can’t replace it if it’s lost or stolen. (3) Valid at any participating Darden-connected restaurants in the U.S., including Olive Garden, LongHorn Steakhouse, Bahama Breeze, Seasons 52 or Yard House. (4) Approval required to advertise this card. For Gift Card balance and activity visit www.redlobster.com or call toll-free 1-877-720-6601
© 2014 Darden Concepts, Inc.eGift Card Terms and Conditions
Your purchase, use or acceptance of an eGift Card constitutes acceptance of the following terms and conditions. This eGift Card is issued by and represents an obligation solely of Darden SV, Inc. (“Darden”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (1) Except where required by law, this eGift Card is not redeemable for cash. (2) We can’t replace the value on this card if it is lost or stolen. (3) It may be redeemed at Red Lobster or any other Darden restaurant but is only valid in participating locations in the United States. (4) Approval required to advertise this card. (5) May not be used to purchase alcohol where prohibited by law. (6) eGift Card does not expire. (7) eGift Card deemed purchased from and issued in the State of Florida. (8) The risk of loss and title to the eGift Card passes to the recipient upon electronic transmission of the eGift Card. (9) eGift Card balance may not be transferred to a physical gift card; however, eGift Card may be printed or reprinted for redemption.
For Gift Card balance and activity, visit https://gift.redlobster.com/GiftCard/Balance.aspx or call 1-877-720-6601.
© 2014 Darden Concepts, Inc.Lobsterworthy Contest
2016 Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: The LobsterworthyContest (the "Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Red Lobster Management LLC, Publicis, New York d/b/a Publicis North America, HelloWorld, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is comprised of a contest (the "Contest") and a sweepstakes (the "Sweepstakes") as set forth in the chart below. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
- Sponsor: Red Lobster Management LLC, 450 South Orange Avenue, Suite 800, Orlando, FL 32801.
Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
- Agreement to Official Rules: Participation in this Promotion constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Promotion begins on February 5, 2016 at 12:00 a.m. Eastern Time ("ET"), ends on April 24, 2016 at 11:59 p.m. ET (the "Promotion Period"), and consists of two (2) separate phases, the Contest and the Sweepstakes, as set forth in the chart below:
Phase Start Date End Date (at 11:59 p.m. ET) Winner Determination Contest February 5, 2016 (at 12:00 p.m. ET) February 28, 2016 On or around March 14, 2016 (after judging, background checks, and interviews) Sweepstakes February 29, 2016 (at 12:00 a.m. ET) April 24, 2016 On or around April 28, 2016 (after random drawings)
Twitter, Inc.'s, Instagram, LLC's, and Facebook, Inc.'s servers are the official time-keeping devices for the Promotion.
How to Enter the Contest or the Sweepstakes: During the Promotion Period (Contest Phase or Sweepstakes Phase), there are three (3) ways to participate in the Promotion:
- Facebook: Log in to or create your Facebook account. Visit the Red Lobster page on Facebook at https://www.facebook.com/redlobster and locate the Sponsor's post regarding this Promotion. Comment on the post with a short description (140 characters or fewer) of your Lobsterworthy moment (a story or celebration) including the hashtag #LobsterworthyContest. If you do so during the Contest Phase, your comment and the hashtag are your "Submission" into the Contest. If you do so during the Sweepstakes Phase, you will receive one (1) entry into the Sweepstakes drawing. You may use any appropriate image but it will not be considered as part of your Submission for the purposes of this Promotion.
- Instagram: Log in to or create your Instagram account and follow @redlobster. Then, post a short description (140 characters or fewer) of your Lobsterworthy moment (a story or celebration) including the hashtag #LobsterworthyContest. If you do so during the Contest Phase, your comment and the hashtag are your "Submission" into the Contest. If you do so during the Sweepstakes Phase, you will receive one (1) entry into the Sweepstakes drawing. You may use any appropriate image but it will not be considered as part of your Submission for the purposes of this Promotion. Posting a photo on Instagram requires a mobile device and therefore message and data rates may apply. In order for your Submission/entry to be valid, the "Photos Are Private" option in your Instagram account settings must be set to "OFF" so that your Instagram profile is public and thus viewable by the Sponsor and its agents. Regrams are not eligible for this Promotion.
- Twitter: Log in to or create your Twitter account and follow @redlobster. Then, tweet your short description (140 characters or fewer) of your Lobsterworthy moment (a story or celebration) including the hashtag #LobsterworthyContest. If you do so during the Contest Phase, your tweet including the hashtag are your "Submission" into the Contest. If you do so during the Sweepstakes Phase, you will receive one (1) entry into the Sweepstakes drawing. You may use any appropriate image, if you would like, but it is not required and will not be considered as part of your Submission for the purposes of this Promotion. Twitter's terms (https://twitter.com/tos) apply. In order for your entry to be valid, your Twitter account must be public and thus viewable by the Sponsor and its agents. Retweets are not eligible for this Promotion.
Your optional photo, if any, must meet the size and format requirements of the social channel via which you enter. By posting or tweeting your Submission, you agree that your Submission conforms to the Content Restrictions as defined below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes that your Submission fails to conform to the Content Restrictions.
- The Submission must be the entrant's original work;
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity, trademark, copyright, or other intellectual property rights;
- The Submission must not disparage Sponsor, Administrator or any party or competitor of Sponsor;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Promotion;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created
By posting a Submission that uses the Promotion hashtag and conforms to the Content Restrictions, during the Promotion Period, you will receive either one (1) Contest entry or one (1) Sweepstakes entry, depending on the date that you participated (see chart above). Each entrant must have permission from all individuals who appear or who are mentioned in the Submission (if any) or participated in the creation of the Submission to use their name, story, and/or likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Except where prohibited by law, uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, whether in connection with the Promotion or otherwise. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
Sponsor reserves the right to disqualify any potential winner if, in its sole discretion, it finds content on his or her social media pages to be inconsistent with the brand's image (for example, if content is in violation of any of the Content Restrictions above).
Limit: Each entrant may enter up to five (5) times total during the Promotion Period, regardless of method or combination of methods of entry. Multiple entrants are not permitted to share the same Instagram, Twitter or Facebook account. Any attempt by any entrant to obtain more than the stated number of Submissions/entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant's Submissions/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram, Twitter and/or Facebook account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person associated with the Instagram, Twitter or Facebook account used to enter. Each potential winner may be required to show proof of being an authorized account holder.
Winner Determination: Winners will be determined according to the process set forth below, separate for Contest and Sweepstakes.
CONTEST: After the conclusion of the Contest Phase, a panel of qualified judges determined by Sponsor in its sole discretion will rank all eligible Contest Submissions based on the following criteria ("Judging Criteria"):
- Creativity/Originality (40%);
- Fit to the #LobsterworthyContest Theme (40%);
- Quality of Submission (10%); and
- Celebratory Nature of the Submission (10%)
The five (5) entrants with the highest-scoring Submissions will be deemed to be the potential Contest Finalists. In the event of a tie, the entrant whose tied Submission received the highest score for "Fit to the #LobsterworthyContest Theme," as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential Contest Finalist. Sponsor reserves the right to select fewer than the stated number of potential Contest Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
Each Finalist will be required to complete a release form (see details in Section 5, below) within 7 days providing Sponsor with his or her contact information as well as permission for Sponsor to conduct a background check on him or her, or forfeit the opportunity to be considered for a prize. Sponsor will also schedule a short video phone call with each Finalist to discuss his or her Submission in further detail (the "Interview"), which may be recorded. Sponsor and Sponsor's agents, in their sole discretion will score the Interview based on the criteria below:
- Enthusiasm and Personality during Interview (40%);
- Fit of concepts discussed during Interview to the #LobsterworthyContest Theme (40%); and
- Availability to travel within a short timeframe to be in the Celebratory Video, based on Sponsor's schedule (20%)
Once all background checks are complete, each Finalist who passed his or her background check as determined by Sponsor in its sole discretion, will have his or her score from the Judging Criteria above (weighted 50%) added to his or her score from the Interview (weighted at 50%), and the Finalist with the highest total score will be the potential Grand Prize winner of the Contest. The other Finalists each will receive a Runner-Up Prize. In the event of an exact tie, the tied Finalist who received the highest score for Fit of concepts discussed during Interview to the #LobsterworthyContest Theme will be deemed the potential Grand Prize winner among the tied Finalists.
- SWEEPSTAKES: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential winners from among all eligible entries received during the Sweepstakes Phase, on or around April 28, 2016.
Winner Requirements: The potential winners will be notified by the Sponsor through a public or private message via the social platform by which the Submission was submitted (as applicable) on or around the applicable dates in the chart above and must follow all prize claim instructions within the requested time frame or forfeit the prize. The potential winners will be notified by @redlobster via Instagram or Twitter, or through messages on Facebook. If a potential winner who entered using Twitter is not already following @redlobster on Twitter, he or she will be required to follow @redlobster within twenty-four (24) hours of the date of the initial notification in order to receive details about claiming the prize. Once a potential winner receives information about claiming his/her prize, he/she has five (5) days to respond with his/her full address information or forfeit the prize.
Each potential Contest Finalist (or parent/legal guardian if the potential winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Background Check Approval, and Release form ("Release") which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to authorize the background check, agree to the Interview, and agree to accept the Finalist Prize if he or she is not the potential Contest Grand Prize winner. If a potential winner of any prize cannot be contacted, fails to sign and return the Release (if applicable), or provide any other requested information within the required time period, does not pass the background check to Sponsor's satisfaction, is disqualified for any reason, or if the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that any potential Sweepstakes prize winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible Sweepstakes entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. If the potential Contest Grand Prize winner is disqualified for any reason, Sponsor may award the applicable prize to a runner-up, in its sole discretion, based on the judging and scoring process above. Finalist and Sweepstakes
Except where prohibited, the potential Contest Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will also be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim the prize or forfeit it. Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and/or prize information, whether in connection with the Promotion or otherwise, for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission (including permission from any persons who participated in the creation of the Submission) or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission (and Interview, if applicable) and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Finalist and Sweepstakes Prizes will be fulfilled approximately 8-10 weeks after winner confirmation. Contest Grand Prize winner will be contacted within 2 - 3 weeks after confirmation to discuss the details of his or her prize.
ONE (1) GRAND PRIZE: A custom-designed #LobsterworthyContest experience event for winner, all details of which shall be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV") of the event, including food, beverage, venue, tickets and travel, if any: $2,500.
If prize package includes travel (it may not), package will includes round trip, coach-class air transportation from a major airport near winner's home (determined by Sponsor in its sole discretion); accommodations at a hotel determined by Sponsor in its sole discretion; and travel agent services. If a trip, winner must complete the trip on the dates specified by Sponsor or forfeit the prize. Sponsor will work with winner to determine mutually-acceptable dates. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. 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. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless a child of the winner, each travel companion (if any) must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on the same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, one travel companion must be winner's parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. If a trip, actual value may vary based on airfare fluctuations and distance between departure and destination.
Sponsor is not responsible if any event is delayed, postponed or cancelled for any reason, in which case that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Winner will not receive difference between actual and approximate retail value.
FOUR (4) FINALIST PRIZES (for the Finalists who are not the Grand Prize winner): A $100 Red Lobster gift card, terms and conditions apply. ARV: $100 per gift card, and total ARV for all Finalist prizes: $400.
FOUR (4) SWEEPSTAKES PRIZES: A $100 Red Lobster gift card, terms and conditions apply. ARV: $100 per gift card, and total ARV for all Sweepstakes prizes: $400.
The odds of winning a Sweepstakes prize depend on the number of eligible Sweepstakes entries received during the Sweepstakes Phase.
For All Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Publicis, Inc. d/b/a Publicis New York, Facebook, Inc., Twitter, Inc., Instagram LLC, Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize, including any related travel, if applicable.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure or random drawing procedure outlined above, as applicable. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions/entries. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims received during the Sweepstakes Phase.
Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
Winner List: For a winner list, visit bit.ly/1SgRb1Y. The winner list will be posted after winner confirmation is complete.
© 2016 HelloWorld, Inc. All rights reserved.
Facebook, Inc., Twitter, Inc., and Instagram, LLC, are not affiliated with, nor are they sponsors of, this Promotion. Each entrant understands that he or she is providing information to Sponsor and not to Facebook, Inc., Twitter, Inc., or Instagram, LLC.
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