Olive Garden Picture Perfect Instagram Contest — Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. This CONTEST is intended for play and participation in the UNITED STATES only (D.C.), and shall be construed and evaluated according to the laws Of the United States. INTERNET ACCESS and AN instagram ACCOUNT ARE REQUIRED TO PARTICIPATE. VOID WHERE PROHIBITED.

  1. ELIGIBILITY: To enter the Olive Garden Picture Perfect Instagram Contest (the “Contest”), you must (a) be a lawful permanent resident of the United States (including D.C.); (b) between the ages of 13 years old and 18 years old as of April 1, 2013, and (c) have an active Instagram account. If you are under the legal age of majority in your state of residence (a “Minor”), you must first obtain the consent of your parent or legal guardian to enter or participate in the Contest in any way or to be eligible to win any prize, and you hereby certify that one of your parents or legal guardians has read, understood and agreed to these Contest rules with your Entry (as hereinafter defined), and that such agreement constitutes acceptance of these Rules on behalf of you and themselves. Instagram accounts can be obtained free of charge by visiting www.Instagram.com or downloading the free Instagram application and registering in accordance with the enrolment instructions for a free Instagram account. If you choose to download the application using your mobile phone, standard fees for data accessed may apply. See your wireless service provider for pricing plan details. This Contest is void where prohibited by law. Employees, officers, directors, assigns and agents of GMRI, Inc. d/b/a Olive Garden Italian Restaurant, 1000 Darden Center Drive, Orlando, FL 32837 (“Sponsor”) and its respective parents, affiliates, subsidiaries, affiliates, retailers, and advertising or Contest agencies, prize providers and vendors involved in this Contest, including Administrator, (collectively, “Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members of all such persons, whether or not related, are not eligible to participate in this Contest. While Instagram’s terms and conditions apply, Instagram is not affiliated with this Contest in any way and is not responsible for the administration of the Contest or the awarding of prizes. No endorsement or approval of Contest by Instagram is expressed or implied.

  2. TIMING: Contest will run beginning on April 4, 2013 at 12:00 a.m. Central Time (“CT”) and ending on May 14, 2013 at 11:59 p.m. CT with six (6) separate weekly contest periods (each a “Contest Period”) each beginning on a Wednesday at 12:00 a.m. CT and ending the following Tuesday at 11:59 p.m. CT. Sponsor’s computer is the official time keeping device for this Contest.

  3. HOW TO ENTER: To enter the contest, the entrant must be a registered member of Instagram and have a valid, public Instagram account. Only publicly viewable Instagram images containing the designated hashtag and adhering to submission requirements will be considered valid entries. Entrants must use their Instagram account to (1) follow the Sponsor’s Instagram feed, @OfficialOliveGarden (2) publish a photo with caption of yourself in an Olive Garden restaurant or a photo with a theme and caption related to prom; and (3) publish that photo to their Instagram account, including the designated hashtag #OGProm in the photo caption.

  4. SUBMISSION REQUIREMENTS: The Submission must meet the following “Submission Requirements”: (i) the Submission must not include images that are obscene, unlawful, pornographic, libelous, hate speech or otherwise objectionable or inconsistent with the family friendly image of Olive Garden, and must not include the intellectual property (including logos) or proprietary materials of any other third party; and (ii) adhere to the Instagram Terms of Use available at http://instagram.com/about/legal/terms/. Any Submission that, in Sponsor’s good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of a Contest Period in order to be eligible for that Contest Period. One entry per Contest Period. Entries do not “roll over” into following Contest Periods. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to violate the rules will be disqualified and will not be eligible for entry. Photos that are not published on Instagram, do not include the designated hashtag, or are not sent between 12:00 a.m. CT Wednesday through 11:59 p.m. CT Tuesday will not be considered for entry and are void.

  5. LIMITATIONS: One entry per Contest Period per person or email address. Any attempt by any entrant to obtain more than one entry during a single Contest Period by using multiple accounts, identities, or any other method will void that entrant’s entries and that entrant may be disqualified. Entries must be made through publication on Instagram. Any other method of entry or attempt to subvert the entry process is prohibited, and all such entries will be void. Proof of submission is not proof of receipt. All entries, upon submission, become the property of Sponsor, and will not be acknowledged or returned. Released Parties (as defined below) are not responsible for lost, late, misdirected, damaged, incomplete, delayed, undelivered, garbled, or inaccurate entries, or photo submissions, all of which will be void. In the event of a dispute as to who submitted an entry, entries will be deemed made by the authorized account holder of the Instagram account from which the photos was submitted at time of entry and he/she must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an Instagram account by Instagram, LLC. No more than one prize per person, household, email address, or Instagram account for the duration of the Contest.

  6. PRIZES: There are a total of forty-two (42) prizes, with seven (7) prizes awarded at the end of each of the separate Contest Periods. Representatives of the Sponsor will review the eligible Submissions for each of the separate Contest Periods and select one (1) potential Grand Prize winner and five (5) potential runners-up from among all eligible Submissions received during the applicable Contest Period using the following equally weighted judging criteria: 1) Originality, and 2) Creativity. Any tied entries will be re-judged under the same criteria, and in the event the entries remain tied, the most creative entry. All potential winners will be announced and notified within one (1) business day of the close of the Contest Period. Decisions of judges and Sponsor will be final and binding in all matters relating to this Contest. Five (5) winners will be chosen during each Contest Period from eligible Submissions to receive one (1) runner-up prize, consisting of one (1) $50 Olive Garden eGift card. Additionally, one (1) Grand Prize winner will be chosen during each Contest Period from eligible Submissions to receive one (1) $500 Prepaid Credit Card and one (1) $50 Olive Garden eGift card. Total ARV of all Contest prizes is $4,800.00. For All Prizes: No cash equivalent will be awarded, all 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. Winner is responsible for all federal, state, and local taxes and fees associated with prize receipt and/or use. All restrictions and terms and conditions on eGift and gift cards apply. Sponsor reserves the right to extend the prizing and any Contest Period in the event of insufficient eligible entries. Odds of winning depend on number of eligible entries received during a Contest Period and compliance with judging criteria.

  7. WINNER NOTIFICATION: One (1) potential grand prize winner and five (5) potential runners-up, will be notified within twenty-four (24) hours of the close of each Contest Period. Attempts to notify potential winners will be made by Sponsor’s Instagram account, @OfficialOliveGarden, by posting a comment on the potential winner’s Submission including Sponsor’s contact information (the “Prize Notification”). Potential winners will be required to respond (as directed) to the notification they receive within forty-eight (48) hours (“Required Response Time”) of first attempted notification. In the event that any potential winner does not respond to such Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize, a disqualification and Prize forfeiture will result and, at Sponsor’s sole discretion and time permitting, an alternate potential winner shall be chosen from among all remaining eligible Entries. In the event that any potential grand prize winner does not respond to such a Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize, a disqualification and Prize forfeiture will result and, at Sponsor’s sole discretion and time permitting, an alternate potential grand prize winner shall be chosen from among runner-ups or remaining eligible Entries. Potential winners may be required to provide proof of identity, age and eligibility and, except as prohibited by law to sign affidavits of eligibility and a publicity and liability release in order to receive the prize. Prizes won by minors will be awarded to the winner’s parent or guardian who may also be required to sign winner’s publicity and/or liability releases and affidavits of eligibility on behalf of the minor winner. Parental consent may be verified for each potential winner who is a minor and Sponsor reserves the right to withhold any prize from a minor who is a potential winner in the Contest unless and until parent or legal guardian’s consent is obtained in writing and verified by the Sponsor. In the event such Parent/Legal Guardian consent is not obtained or verified, entrant will not be eligible to win and Sponsor reserves the right to award such prize to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules in any way or declines the prize for any reason prior to award, such potential prize winner may be disqualified, in which case his/her prize will be forfeited. In the event of forfeiture for any reason, Sponsor, in its sole discretion, may select an alternate potential winner from among the remaining eligible entries in that Contest Period and notify him/her in the manner provided above. If necessary, Sponsor will repeat this process up to three (3) times, after which the prize in question may go un-awarded if it remains unclaimed. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.

  8. CONTEST CONDITIONS: This Contest is subject to these Official Rules and all applicable federal, state, and local laws and regulations (collectively “Rules and Laws”). Except where prohibited by law, winner’s acceptance of prize constitutes permission of such entrant for Sponsor and its designees to use, without notice, permission or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Sponsor website, winner’s first name, last name, city and state, photograph, likeness, opinion, voice, and Instagram profile name/avatar for purposes of advertising, trade, Contest and publicity. Sponsor may require winner to execute a publicity and/or liability release and affidavit of eligibility, or, if winner is a minor, the parent or legal guardian may execute such documents on behalf of the minor winner. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; and all associated entries will be void. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, AND TO NOTIFY LAW ENFORCEMENT AUTHORITIES WHO MAY PURSUE CRIMINAL PROSECUTION. In the event Sponsor is prevented from continuing with this Contest (or any portion thereof), or if the administration, integrity, fairness, proper play and/or feasibility of the Contest is undermined by virus, bugs, unauthorized human intervention, technical difficulties or any event or cause (each a “Force Majeure” event), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. In the event Contest is cancelled, the Sponsor reserves the right, but shall have no obligation, to award the prizes for the daily drawing(s) at issue from among all non-suspect eligible entries for the applicable daily drawing(s) received up to the time of such Force Majeure event. No more than the stated number of prizes will be awarded.

  9. LIMITATIONS OF LIABILITY:By participating, entrants agree to (i) abide by and be bound by these Official Rules and the decisions of Sponsor and judges, which shall be final and binding in all matters relating to this Contest and (ii) to release and hold harmless the Contest Entities, Instagram, LLC and their respective directors, officers, members, employees, agents, licensees, successors and assigns (collectively, the “Released Parties”) against any and all claims and liability, including injuries, losses or damage of any kind to persons (including death) or property, resulting in whole or in part, directly or indirectly, from acceptance, use, misuse, non-use or redemption of any prize or participation in this Contest. Released Parties are not responsible for technical, hardware or software, or telephone problems or malfunctions of any kind, lost or unavailable network server, Internet service provider (ISP), cable, satellite website, or other connections, or failed, incorrect, incomplete, inaccurate, lost, stolen, misdirected, mutilated, undelivered jumbled, scrambled, garbled or delayed entries or tweets; or other electronic communications; or for any errors, problems or malfunctions of any kind whether caused by computer, network, technical, mechanical, printing, typographical, or human error, or otherwise, relating to or in connection with this Contest, including, without limitation, errors, problems or malfunctions which may occur in connection with the administration of the Contest, the processing of entries or tweets, the announcement of the prizes or in any Contest -related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts in Orlando, Florida with a waiver of a jury trial; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but, in no event, attorney’s fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claims of, 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 Contest, 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.

  10. USE OF INFORMATION: Information collected from entrants, if any, is subject to Sponsor’s privacy policy at the following address: https://www.olivegarden.com/Privacy-Policy/.

  11. WINNER’S LIST: To obtain the winner’s list, send a self-addressed, stamped envelope by August 31, 2013 to: Olive Garden Picture Perfect Instagram Contest, ATTN: K. McGarr, Edelman, 200 E. Randolph, 66 Floor, Chicago, IL, 60601.

  12. SPONSOR: GMRI, Inc. d/b/a Olive Garden Italian Restaurant, 1000 Darden Center Drive, Orlando, FL 32837.

  13. ADMINISTRATOR: Daniel J. Edelman, Inc. 200 E. Randolph, 66th Floor, Chicago, IL, 60601.

  14. Instagram is the trademark and service mark of Instagram, LLC.