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Applebee’s 40th Birthday Twitter Sweepstakes Official Rules

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the 50 United States/DC. Subject to all federal, state and local laws. Sweepstakes entry period begins at 12:00 noon Eastern Time (“ET”) on November 19, 2020 and continues through 11:59 p.m. ET on November 19, 2020 (the “Sweepstakes Period”). During the Sweepstakes Period, there will be twelve (12) hourly entry periods, as described in Table 1 below (each an “Entry Period” and collectively, the “Entry Periods”). Administrator's computer is the official time keeping devices for this Sweepstakes.

  1. Eligibility: The Applebee’s 40th Birthday Twitter Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who, as of date of entry, are at least 18 years of age. Persons who at any time during the Sweepstakes Period (or, if a Prize winner, as of the date of prize fulfillment) are an employee, officer or director of Applebee's Services, Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Grey Group or any of their respective parents, affiliates or subsidiaries or of any other company involved in the development or execution of the Sweepstakes, and persons who are a member of the immediate family (spouses, parents, siblings and children, regardless of where they live) of any such employee, officer or director or who live in the same household (whether or not related) as any such employee, officer or director, are not eligible to enter or win. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. All entrants must have access to the internet prior to the start of the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of Prize winners.
  2. Sponsor/Administrator: The Sponsor is Applebee's Services, Inc., 450 N. Brand Blvd., 7th Floor, Glendale, CA 91203. The Administrator is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.
  3. How to Enter: There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. To enter, an entrant must during an Entry Period, send, via the entrant’s Twitter account, a Tweet. The Tweet must contain the hashtag #ABsYearofWingsGiveaway. A Tweet that complies with the foregoing requirements is referred to in these Official Rules as an “Entry Tweet.” The entrant must be the owner of the Twitter account used to send the Entry Tweet. The Entry Tweet must comply with the Twitter Terms of Service and the Twitter Rules and with all technical requirements of Twitter, and the settings of the entrant’s Twitter account must be configured such that the Entry Tweet is public. If you do not have a Twitter account, and you would like to create one for free, visit www.Twitter.com. Including ##ABsYearofWingsGiveaway in a Tweet during the Sweepstakes Period constitutes your agreement to these Official Rules. If an eligible entrant sends an Entry Tweet in compliance with these Official Rules during a particular Entry Period, the entrant will receive one (1) entry into the drawing with respect to that Entry Period, as indicated in Table 1 below. Entry Tweets must be sent by the end of the applicable Entry Period to be entered into the random drawing with respect to such Entry Period. Sponsor has the sole discretion to determine whether a submission qualifies as an eligible Entry Tweet. By submitting an Entry Tweet in this Sweepstakes, the entrant agrees that Sponsor may contact the entrant via social media, including on Twitter, by sending the entrant a direct message, tagging the entrant, posting to the entrant’s social media page or naming the entrant on Sponsor’s social media page.

Entry Tweets sent during an Entry Period will not roll over into subsequent Entry Periods. Limit one (1) Entry Tweet per person per each Entry Period. If an entrant sends more than one (1) Entry Tweet during a particular Entry Period, only one of the Entry Tweets will result in an entry in the applicable drawing. Aggregate limit twelve (12) Entry Tweets (subject to the limit of one (1) per each Entry Period) per person during the Sweepstakes Period. Use of any automated method to send Entry Tweets is prohibited and will result in disqualification. In the event of duplicate Tweets by an entrant, only the first Tweet will be treated as an Entry Tweet i. Entry Tweets must not defame or violate the publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any personal or proprietary rights of any person or entity, or contain or link to any material that is obscene, profane, lewd, defamatory, threatening, violent, harassing, disparaging or offensive, or contain any content that is known to you to be false, inaccurate, or misleading. Entry Tweets must not defame, misrepresent, or contain disparaging remarks about Sponsor or its affiliates, their brands or products, or other companies. Entry Tweets must not contain any third-party materials (other than Applebee’s), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, or mark that identifies a brand. Normal time rates, data rates and other fees or charges, if any, charged by the entrant’s Internet access, phone or mobile service provider will apply. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Twitter account used to enter will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entrant’s social media profiles must be keeping with Sponsor’s image or he/she may be disqualified. Sponsor is not obligated to acknowledge any Entry Tweet.

  1. Entry Periods: The twelve Entry Periods are as follows:

Table 1

Entry PeriodStart Time (on 11/19/20)End Time (on 11/19/20)
Entry Period 112:00 p.m. ET12:59 p.m. ET
Entry Period 21:00 p.m. ET1:59 p.m. ET
Entry Period 32:00 p.m. ET2:59 p.m. ET
Entry Period 43:00 p.m. ET3:59 p.m. ET
Entry Period 54:00 p.m. ET4:59 p.m. ET
Entry Period 65:00 p.m. ET5:59 p.m. ET
Entry Period 76:00 p.m. ET6:59 p.m. ET
Entry Period 87:00 p.m. ET7:59 p.m. ET
Entry Period 98:00 p.m. ET8:59 p.m. ET
Entry Period 109:00 p.m. ET9:59 p.m. ET
Entry Period 1110:00 p.m. ET10:59 p.m. ET
Entry Period 1211:00 p.m. ET11:59 p.m. ET
  1. Drawings: There will be a total of TWELVE (12) SEPARATE SWEEPSTAKES DRAWINGS. One drawing will be conducted with respect to each of the twelve Entry Periods, from among all Entry Tweets received during the applicable Entry Period. Entry methods and restrictions outlined in section 3 are the same for all drawings. Drawings will be conducted on or about fifteen minutes after the applicable Entry Period by the Administrator, an independent judging organization. Odds of winning depend upon the number of eligible Entry Tweets received during the applicable Entry Periods. There will be one (1) winner per drawing/Entry Period.
  2. Winner Notification: The potential winners [“Prize winner(s)”] will be notified by a tweet tagging them to direct message @Applebees on Twitter. Potential Prize winners must direct message @Applebees within twenty-four (24) hours after the direct message is sent indicating an email address they need to send information to within twenty-fou (24) hours. If a potential Prize winner does not direct message @Applebees or send the email within twenty-four (24) hours after the tweet is posted/direct message with email information is sent, Sponsor will have the right in its discretion to disqualify the potential Prize winner and select an alternate potential Prize winner, who will be notified and must respond in accordance with these Official Rules. After sending information to the email provided in the direct message, Prize winners will be sent via email/email link a Declaration of Compliance, Liability & Publicity Release (where legal) (“Declaration”) and will be required to complete, sign and return Declaration via email within twenty-four (24) hours of being notified in order to claim his/her/their prize.

If a potential Prize winner does not return any required document or provide any required information within the time period specified by Sponsor, or if prize notification is returned undeliverable, or in the event that a potential Prize winner is ineligible for any reason or has not complied with these Official Rules, Sponsor will have the right to disqualify the potential Prize winner and select an alternate winner in a random drawing from among all remaining eligible Entry Tweets received for the applicable Entry Period (in which event the procedures and requirements set forth in this Section 6 will apply to the alternate winner). An entrant is not a Prize winner unless and until entrant's eligibility has been verified and the entrant has been notified that verification is complete.

  1. Prizes and Approximate Retail Values (“ARV”): Twelve (12) Prizes will be offered. Each prize consists of an Applebee’s Gift Card with a face value of $599.
  2. Prize Restrictions: Winners are not permitted to assign the right to receive a prize, or to transfer the prize to any person, and are not entitled to make any substitution for any prize or prize component or to redeem any prize or component thereof for cash. Sponsor has the right to substitute for a prize (an alternate prize or prize component of equal or greater value. All expenses and costs associated with the acceptance or use of a prize are the responsibility of the prize recipient. All prize details not specified in these Official Rules will be determined by Sponsor. Use of gift cards is subject to any terms and conditions generally applicable to such cards. Winner is responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any and all applicable federal, state and local taxes are the responsibility solely of the Prize winner. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY LOSS OR DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF THE PRIZE, THE USE OF THE PRIZE, OR ANY OTHER ASPECT OF ACCEPTANCE OR USE OF THE PRIZE.
  3. General Conditions: All decisions of Sponsor and Administrator with respect to the Sweepstakes will be final and binding. Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, including without limitation in the event of any changes to the terms applicable to the use of Twitter or in connection with any fraud, technical failure or problem or occurrence that in Sponsor's judgment impairs the integrity or proper functioning of the Sweepstakes or prevents the Sweepstakes from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Sweepstakes, the Prize winners will be selected in accordance with the procedures set forth in these Official Rules from among all eligible Entry Tweets received for the affected drawing(s) prior to cancellation or termination, if any. If, as a result of cancellation or termination of the Sweepstakes, with respect to any particular prize there are no Entry Tweets (e.g., if the Sweepstakes is cancelled or terminated before an Entry Period has begun), Sponsor has the right in its discretion to implement such procedures for award of the affected prize as Sponsor determines in its sole discretion. Proof of sending an Entry Tweet will not be deemed proof of receipt by Sponsor or Administrator. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor, in its sole discretion, will determine the validity of each Entry Tweet. If Sponsor determines or believes that any Entry Tweet is fraudulent, illegitimate or invalid, or that any entrant has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected entrant and/or to void any suspect or affected Entry Tweets. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including, without limitation, in advertising or marketing materials), these Official Rules shall prevail.

  1. Release and Limitations of Liability: By participating in and/or entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant and each person who completes any part of the entry process releases and agrees to hold harmless Sponsor and its parent companies, subsidiaries and affiliates, each of their respective contractors and advertising and promotion agencies, Twitter and its subsidiaries and affiliates, and the successors and assigns of each of the foregoing, all other persons and entities involved in the development, execution, or operation of the Sweepstakes, all other persons and entities involved in the provision of any prize or prize component or the marketing or promotion of the Sweepstakes (including, without limitation, Administrator and Grey Group) and the directors, officers, employees, representatives, advisors, agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant or other person ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the provision, acceptance or use of any prize or prize component, or any use of the entrant’s Materials (as defined below) as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant, and each person who completes any part of the entry process, agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant, and each person who completes any part of the entry process, assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Sweepstakes based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, damaged, corrupted or incomplete Entry Tweets, incorrect or inaccurate capture of, damage to, or loss of Entry Tweets or entry information or any other human, mechanical or technical error of any kind relating to the Sweepstakes, any website associated with the Sweepstakes, communications or attempted communications with any entrant, failures of or delay in any mobile, wireless, Internet or cellular transmission or connection or the submission, collection, storage and/or processing of Entry Tweets or the administration of the Sweepstakes.

WITHOUT LIMITATION OF THE FOREGOING, BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING OUT OF OR RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY TWEET, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY PROMOTION RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO PANDEMICS, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. NO MORE THAN THE STATED NUMBER OF PRIZES WILL BE AWARDED.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. Grant of Rights: By participating in and/or entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing the right to use, edit, exploit, modify, publish, reproduce, disclose, disseminate and distribute the entrant’s name, Twitter handle, likeness, voice, persona, biographical information and/or statements attributed to the entrant and the entrant’s Entry Tweets (including, without limitation, any content, photographs, videos, or other materials included with the Entry Tweet) (the “Materials”), in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for advertising, trade, promotional and commercial purposes and any other purposes, without further notice or compensation, unless prohibited by law.
  2. 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 a federal court located in New York, New York or the appropriate state court located in New York; (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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
  3. Privacy: Any personally identifiable information collected during an Entrant’s participation in this Sweepstakes will be collected by Sponsor or its agent or one or more of their contractors and used by Sponsor, its affiliates, agents, and contractors for the administration and fulfillment of the Sweepstakes and in accordance with Sponsor’s Privacy Policy at https://www.applebees.com/en/privacy-policy.
  4. Official Rules and Winners List: For a copy of the Official Rules, visit applebees.com/en/specials/40th-birthday-giveaway-rules. For the names of the winners, available for ninety (90) days after February 28, 2020, send an email to: [email protected] with WINNERS & 11-2681-11 as the subject line.

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Sponsor and not to Twitter.