Free The Cheesecake Factory For A Year*
Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Free The Cheesecake Factory For A Year*
Sweepstakes (the “Sweepstakes”) 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 (19 years old in Alabama and Nebraska)
at the time of entry. Employees of The Cheesecake Factory Restaurants, Inc., MOCEAN,
Merkle Inc., and 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 Sweepstakes is subject to all applicable
federal, state, and local laws and regulations and is void where prohibited. Participation
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 the Sweepstakes. Winning a prize is contingent
upon fulfilling all requirements set forth herein. *Prize awarded as
digital The Cheesecake gift cards (see details in Section 7).
2.
Sponsor: The Cheesecake Factory Incorporated, 26901
Malibu Hills Road, Calabasas Hills, CA 91301. Administrator: Merkle Inc.,
3000 Town Center, Suite 2100, Southfield, MI
48075.
3.
Timing: The Sweepstakes
begins on April 1, 2022 at 12:00 a.m. Eastern Time ("ET") and ends on
April 10, 2022 at 11:59 p.m. ET (the "Promotion Period"). Instagram’s
servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation Requirements: To participate, you will need to have an
Instagram account (“Social Account”). Creating each Social Account is free but
is subject to the applicable terms
and conditions. If entering via a mobile device and using your wireless
carrier’s network, standard data charges from your wireless carrier may apply.
During the Promotion
Period, take the following actions to receive an entry:
(a) Follow @cheesecakefactory on Instagram;
(b) Post a photo or video of how you show
love for The Cheesecake Factory, and include the
hashtags #ChooseCheesecake #contest in the caption. No purchase is necessary
to participate;
(c)
Your account settings must be public when you post and remain public until the
prizes are awarded (as described in Section 6); and
(d)
You must not change your Instagram handle once you post to enter this Sweepstakes
and until the prizes are awarded (as described in Section 6).
Including a photo of Sponsor’s products
or services will not improve your chances of winning. Instagram stories and Instagram posts
where the hashtag is included in a comment rather than the caption of the original
post will not be deemed entries.
Content Restrictions for your Entry:
·
Your
post must be your original work;
·
Your
post must not convey any claims of Sponsor’s products or services that would be
deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
post must not disparage Sponsor or any other parties;
·
You
must have permission to include the names or likenesses of other individuals and
to grant the rights set forth in Section 5. You should only include minors in
your post if they are your children/wards. If requested, entrant must be able
to provide such permissions in a form acceptable to Sponsor;
·
Your
post must not make references to or include: alcohol,
illegal drugs, tobacco, or firearms/weapons, any activities that are or appear
to be dangerous, or any political agenda;
·
Your
post may not be indecent, obscene, sexually explicit, hateful, 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
·
Your
post may not be tortious, defamatory, libelous, disparage Sponsor or any other
person or party, or contain material that is unlawful in any way.
By
posting content that conforms to all of the above requirements, you will
receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify
any post that it finds unlawful, or in violation of these Official Rules.
Entry Limit: You may enter one (1) time during the
Promotion Period. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to
obtain more than one (1) entry by using multiple/different Instagram accounts, identities,
registrations and logins, or any other methods will void that entrant's 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 account used to register will be deemed to
be the entrant. The “authorized account holder” is the natural person assigned
an email address by an Internet access provider, online service provider or
other organization responsible for assigning email addresses used to create the
Instagram account. Each potential winner may be required to
show proof of being the authorized account holder. Released Parties (as defined
in Section 8, below) are not responsible for lost, late, unreceived, damaged,
incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions
or failure to receive Submissions due to limitation of third-party social
network platforms all of which will be void.
5. Sponsor’s Use of Social
Post Content: Posting an
entry 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. 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.
6. Grand Prize Drawing: Administrator
is an independent 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 Sweepstakes winners from all eligible
entries received during the Promotion Period, on or around April 12, 2022.Potential
winners will be notified by @cheesecakefactory on Instagram and directed to a
secure website to provide their name, mailing address, email address and age within
3 days of the date notice is sent to claim the prize. Next, potential winners
will be required to sign and return
a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity
Release ("Declaration") 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. If a potential winner of any prize
cannot be contacted, fails to sign and return the Declaration or provide any other
requested information within the required time period, or 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 a potential
winner forfeits the prize or is disqualified for any reason, Sponsor will award
the prize to an alternate winner by
random drawing from among all remaining eligible entries. Only three (3)
alternate drawings will be held, after which the prize will remain un-awarded.
7. Prizes: FIVE (5) GRAND PRIZES: Each winner
will receive The Cheesecake Factory digital gift codes (terms and conditions
apply) valued at $4,200. Approximate
Retail Value (“ARV”): $4,200.
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
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. Odds of winning a prize depend on the number of eligible entries received
during the Promotion Period. Limit: 1 prize per person. Prizes will be fulfilled approximately 8-10 weeks
after the conclusion of the Sweepstakes.
8.
Release: By entering
this Sweepstakes, entrants agree to release, indemnify and hold harmless Sponsor,
MOCEAN, Administrator, Instagram, Inc.,
and their respective 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 causes of
action, proceedings, expenses, and/or liabilities resulting or arising from or
in connection with: (i) Sponsor’s and/or any of its
affiliates’ or their respective licensees’ and/or authorized designees’
exercise of any of their rights granted hereunder, and/or their use, as
permitted hereunder, of your submission; (ii) personal injury, death, or damage
to or loss of property, third party claims involving the right to privacy,
right of publicity, or intellectual property infringement, arising out of
participation in the Sweepstakes, your inability
to participate in the Sweepstakes, or your receipt or use or misuse of any prize; and/or (iii) your failure to comply with these Official
Rules or any applicable laws.
9. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes each winner’s
consent to Sponsor’s and its agents’
use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Instagram
profile photo), voice, opinions and/or hometown
and state for promotional purposes in any media, worldwide, without further payment
or consideration.
10. General Conditions: Sponsor reserves the right to cancel,
suspend and/or modify the Sweepstakes, if any fraud, technical failures, human
error, or any other factor impairs the integrity or proper functioning of the
Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such
as natural calamities, national emergencies, wide spread illnesses, declarations
of war, acts of God, acts of terrorism) interferes with any aspect of the
Sweepstakes, including but not limited to fulfillment of the prize(s), as determined
by Sponsor in its sole discretion. In such event, Sponsor, in its sole
discretion, may elect to hold a random drawing from among all eligible entries
received up to the date of discontinuance and may modify the prizes offered herein.
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 the Official Rules of this or any other
promotion or in an unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately undermine the legitimate operation of the Sweepstakes
may be a violation of criminal and civil law, and should such an attempt be
made, Sponsor reserves the right to seek damages 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.
11. Limitations
of Liability: The Released Parties are not responsible for: (1) any incorrect
or inaccurate information, whether caused by entrants, printing errors or by
any of the equipment or programming associated with or utilized in the
Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human
error which may occur in the administration of the Sweepstakes or the processing
of entries; (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 Sweepstakes or receipt or use or misuse of any prize. If for any reason
an entrant's entry is confirmed to
have been erroneously deleted, lost, not received, 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.
12. Severability: The provisions
of these Official Rules shall be severable and the invalidity of any provision,
or portion hereof, shall not affect the enforceability of the remaining
provisions.
13. 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 Eastern District of Michigan 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 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 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.
15. Entrant's Personal Information: Information collected from entrants is
subject Sponsor’s Privacy Policy: https://www.thecheesecakefactory.com/corporate-information/privacy-policy.
16. Winner List: For a winner list, visit https://bit.ly/3JmpCS6. The winner list will
be posted after winner confirmation is complete.
© 2022 Merkle Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or
associated with, Instagram, Inc.