OFFICIAL RULES
THIS CHEESECAKE FACTORY OSCAR & EVELYN OVERTON CHARITABLE FOUNDATION Summer SWEEPSTAKES (the "Sweepstakes") is for the benefit of THE CHEESECAKE FACTORY OSCAR & EVELYN OVERTON CHARITABLE FOUNDATION (“Foundation”). THE FOUNDATION IS A 501(C)(3) NONPROFIT ORGANIZATION. CONTRIBUTIONS TO THE FOUNDATION ARE TAX EXEMPT TO THE EXTENT PROVIDED BY LAW.
1. Sponsor: The Sweepstakes is sponsored by THE FOUNDATION (“SPONSOR”). All decisions of the Sponsor concerning the Sweepstakes and interpretation of the Official Rules are binding.
2. OVERVIEW AND ENTRY DEADLINES: The Sweepstakes begins at 12:01a.m. Pacific Time (“PT”) on July 17, 2023 and ends at 5:00p.m. PT on August 31, 2023 (the “Sweepstakes Period”). All Sweepstakes Entries (as defined below) must be received by 5:00p.m. PT on August 31, 2023.
3. ELIGIBILITY: The Sweepstakes is offered only to employees age 18 and older (or immediate family members as defined below) of The Cheesecake Factory Incorporated, its company managed brands or its subsidiaries or affiliates prior to commencement of the Sweepstakes Period; collectively, “The Cheesecake Factory”) however, any person directly involved in the development or execution of this Sweepstakes, or such person’s spouse, parents, siblings and children and their spouses and in-laws, collectively (“Immediate Family Members) and persons living in the same household of any such person is ineligible to enter. The Sweepstakes is void outside of the United States and where prohibited or restricted by law. The Sweepstakes and any website pages and advertisements relating thereto, are intended for viewing only within the United States. Eligibility will be determined by Sponsor in its sole discretion.
4. NO PURCHASE OR PAYMENT NECESSARY: While no purchase, donation or payment of any kind is necessary to enter or win this Sweepstakes (nor will such purchase, donation or payment increase your chances of winning), all net proceeds from donations made in conjunction with the Sweepstakes will benefit the Foundation.
5. HOW TO ENTER THE SWEEPSTAKES: There are several ways to enter:
a. Online Donation: Donate at least $50 to the Foundation by visiting www.thecheesecakefactory.com/summersweepstakes and click on Official Rules. Complete and submit the donation form and perform all other necessary steps in order to process the donation. Upon completion of the donation, entrant (as defined in Section 11) will automatically receive the greater of either: (i) one (1) entry into the Sweepstakes for each full $50 donated to the Foundation in conjunction with the Sweepstakes; (ii) six (6) entries into the Sweepstakes for each full $250 donated to the Foundation in conjunction with the Sweepstakes; or, (iii) thirty (30) entries into the Sweepstakes for each full $1,000 donated to the Foundation in conjunction with the Sweepstakes. For example, an entrant donating $200 to the Foundation in conjunction with the Sweepstakes will receive four (4) entries in the Sweepstakes, an entrant so donating $250 will receive six (6) such entries, an entrant so donating $350 will receive nine (9) such entries and an entrant so donating $500 will receive twelve (12) such entries. All online donations must be made by 5:00p.m. on August 31, 2023 to be eligible for the Sweepstakes. You must complete all required information to be eligible for the Sweepstakes. Entries having incomplete information may be disqualified and ineligible to win.
b. Mail-In Donation: Mail donation of at least $50 to the Foundation at Summer Sweepstakes, The Cheesecake Factory Oscar & Evelyn Overton Charitable Foundation, 26901 Malibu Hills Rd., Calabasas Hills, CA 91301 and include a fully completed and properly filled out donation form, which can be found at www.thecheesecakefactory.com/summersweepstakes. Mail-in donations, including a fully completed and properly filled out donation form, must be completed and postmarked by August 22, 2023 and received, accepted and processed by The Cheesecake Factory by August 29, 2023 to be eligible for the Sweepstakes. Upon completion of the donation, entrant will automatically receive the greater of either: (i) one (1) entry into the Sweepstakes for each full $50 donated to the Foundation in conjunction with the Sweepstakes; (ii) six (6) entries into the Sweepstakes for each full $250 donated to the Foundation in conjunction with the Sweepstakes; or, (iii) thirty (30) entries into the Sweepstakes for each full $1,000 donated to the Foundation in conjunction with the Sweepstakes. For example, an entrant donating $200 to the Foundation in conjunction with the Sweepstakes will receive four (4) entries in the Sweepstakes, an entrant so donating $250 will receive six (6) such entries, an entrant so donating $350 will receive nine (9) such entries and an entrant so donating $500 will receive twelve (12) such entries. All mail in donations must be postmarked by August 22, 2023 and received by August 29, 2023. to be eligible for the Sweepstakes. You must complete all required information to be eligible for the Sweepstakes. Entries having incomplete information may be disqualified and ineligible to win.
c. In Person Donation: Donate at least $50 to the Foundation at The Cheesecake Factory Corporate Center; Charitable Foundation Dept., 26901 Malibu Hills Rd., Calabasas Hills, CA, August 31, 2023 by no later than 3:00p.m. PT. Complete and submit the donation form and perform all other necessary steps in order to process the donation. Upon completion of the donation, entrant will automatically receive the greater of either: (i) one (1) entry into the Sweepstakes for each full $50 donated to the Foundation in conjunction with the Sweepstakes; (ii) six (6) entries into the Sweepstakes for each full $250 donated to the Foundation in conjunction with the Sweepstakes; or, (iii) thirty (30) entries into the Sweepstakes for each full $1,000 donated to the Foundation in conjunction with the Sweepstakes. For example, an entrant donating $200 to the Foundation in conjunction with the Sweepstakes will receive four (4) entries in the Sweepstakes, an entrant so donating $250 will receive six (6) such entries, an entrant so donating $350 will receive nine (9) such entries and an entrant so donating $500 will receive twelve (12) such entries. All in person donations must be made by 4:00p.m. on August 31, 2023 to be eligible for the Sweepstakes. You must complete all required information to be eligible for the Sweepstakes. Entries having incomplete information may be disqualified and ineligible to win.
d. Bonus Period Voluntary Payroll Deduction: Employees of The Cheesecake Factory, who are salaried or hourly staff, may enter the Sweepstakes by donating at least $50 by way of a Voluntary Payroll Deduction Contribution form provided by The Cheesecake Factory. For every $100 donated by way of Payroll Deduction, during the bonus period of July 26, 2023 to August 8, 2023, three (3) entries will be received. The deduction is taken from the pay period ending on August 22, 2023 and seen on the paycheck received August 29, 2023. Such employees must complete transaction of the Voluntary Payroll Deduction form and such form must be received and accepted by The Cheesecake Factory by August 11, 2023 to be eligible for the Sweepstakes. Upon completion of the donation, entrant will automatically receive the greater of either: (i) one (1) entry into the Sweepstakes for each full $50 donated to the Foundation in conjunction with the Sweepstakes; (ii) three (3) entries into the Sweepstakes for each full $100 donated to the Foundation in conjunction with the Sweepstakes during the bonus period. You must complete all required information to be eligible for the Sweepstakes. Entries having incomplete information may be disqualified and ineligible to win.
e. PeopleCenter App Voluntary Payroll Deduction: Employees of The Cheesecake Factory, who are salaried or hourly staff, may enter the Sweepstakes by donating at least $50 by way of a voluntary payroll deduction contribution from July 17, 2023 to August 22, 2023 through the People Center App. For every $100 donation, by way of the PeopleCenter App, during the bonus period of July 17, 2023 to August 22, 2023, three (3) entries will be received. The deduction is taken from the pay period ending on August 22, 2023 and seen on the paycheck received August 29, 2023. Upon completion of the donation, entrant will automatically receive the greater of either: (i) one (1) entry into the Sweepstakes for each full $50 donated to the Foundation in conjunction with the Sweepstakes; (ii) three (3) entries into the Sweepstakes for each full $100 donated to the Foundation in conjunction with the Sweepstakes through August 22, 2023. Entries having insufficient funds are disqualified.
f. Mail-In: In lieu of entering the Sweepstakes by making a donation to the Foundation, on a plain 3" x 5" card, legibly handprint or type your name, complete address, city, state, zip code, phone number (including area code), signature, email address (if any) and a description of the basis for your Eligibility (see Section 3, Eligibility, above). Then, mail the fully completed 3" x 5" card in a postage-affixed sealed envelope to: Summer Sweepstakes, The Cheesecake Factory Oscar & Evelyn Overton Charitable Foundation, 26901 Malibu Hills Rd., Calabasas Hills, CA 91301. One (1) mail in entry is permitted per day when postmarked by August 22, 2023 and received by August 29, 2023. No mechanically or programmatically reproduced entries are permitted. One (1) entry per envelope. Submitting a Mail-In entry and signing the entry constitutes the entrant's agreement that he or she accepts these Official Rules. Only entries that are filled out completely and, as appropriate, legibly and that are signed will be eligible for the Sweepstakes. Sponsor assumes no responsibility for lost, mutilated, misdirected, illegible, partially completed, late or postage due entries.
Valid entries into the Sweepstakes are hereafter individually referred to as a “Summer Sweepstakes Entry” or as an “Entry” or “entry” and collectively as the “Sweepstakes Entries,” “Entries” or “entries.” Any use of automated, robotic, macro, programmed or similar quick-entry programs is prohibited.
6. SELECTION OF THE SWEEPSTAKES WINNERS: The Sponsor will conduct a random drawing of all eligible Sweepstakes Entries on or about 10:00a.m. September 1, 2023 to select the winners of the Sweepstakes. Odds of winning the Sweepstakes depend on the number of eligible Sweepstakes Entries received during the Sweepstakes Period.
7. NOTIFICATION OF THE SWEEPSTAKES PRIZE WINNERS: The potential Prize winners of the Sweepstakes will be notified either in person, by telephone, email and/or mail on or about Sept. 1, 2023. If potential Sweepstakes Prize winners cannot be personally contacted within seven (7) days from the first notification attempt, then such person may be disqualified at Sponsor’s discretion and an alternate winner may be selected via random drawing. Although Sponsor may, in its sole discretion, choose to leave a message or messages on the potential Sweepstakes Grand Prize winner’s voicemail service or answering machine, such messages are solely to facilitate live contact within the seven (7) day period and do not constitute being personally contacted for purposes of these Official Rules. With respect to telephone notification attempts, such notification will be deemed given when a message is left on the potential winner’s voicemail service or answering machine by Sponsor or when Sponsor has been unsuccessful in reaching the potential winner by telephone after five attempts, whichever occurs first. Once notified, winners have two weeks (14 days) or by October 31, 2023, whichever occurs first, to claim their prize option.
8. SWEEPSTAKES PRIZES: Prizes will be determined based upon the total amount of donations received by the Foundation in conjunction with the Sweepstakes. A maximum cap of 10,000 entries has been determined. Prizes reflect “Total Donations”, in accordance with the following:
(i) If Total Donations are less than $100,000: Amazon gift card prizes of $250 each equal to 25% of Total Donations.
(ii) If Total Donations are equal to or greater than $100,001: prizes valued $25,000
1 ea. grand prize $5,000 value two prize options
5 ea. $950 value two prize options
15 ea. $550 value two prize options
75 ea. $100 Amazon cards
(iii) If Total Donations are equal to or greater than $200,001: prizes valued $50,000
2 ea. grand prize $5,000 value two prize options
10 ea. $950 value two prize options
30 ea. $550 value two prize options
150 ea. $100 Amazon cards
(iv) If Total Donations are equal to or greater than $300,001: prizes valued $75,000
3 ea. grand prize $5,000 value two prize options
15 ea. $950 value two prize options
45 ea. $550 value two prize options
225 ea. $100 Amazon cards
(v) If Total Donations are equal to or greater than $400,001: prizes valued $100,000
4 ea. grand prize $5,000 value two prize options
20 ea. $950 value two prize options
60 ea. $550 value two prize options
300 ea. $100 Amazon cards
(vi) If Total Donations are equal to $500,000: prizes valued $125,000
5 ea. grand prize $5,000 value two prize options
25 ea. $950 value two prize options
75 ea. $650 value two prize options
375 ea. $100 Amazon cards
Prize winners will be solely responsible for any and all federal, state and local taxes on prize. Prize is non-transferable. Except as specifically set forth in these Official Rules, no substitution, cash redemption, assignment, or transfer of any prize is permitted, however, the Sponsor reserves the right to substitute a prize of equal or greater value in the event that the offered prize is unavailable for any reason. Prize winners must supply the Sponsor with his/her social security number for tax purposes and agree to a criminal background check.
9. RELEASES/TAXES: Before the potential Sweepstakes Prize winners are deemed to be the official Sweepstakes winners, they may be required to execute an Affidavit of Eligibility and a Publicity/Liability Release in the form provided by Sponsor (except where prohibited) (“Affidavit/Release”). Signed copies of the Affidavit/Release must be returned by the date noted on the form. If signed copies of the Affidavit/Release are not returned within that time, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then such potential winner may be disqualified. If prizes or prize notifications are returned as undeliverable, then such potential winners may be subject to disqualification. All federal, state or other tax liabilities (including income taxes) arising from each prize awarded in this Sweepstakes will be the sole responsibility of each official winner. Sweepstakes Prize winners will be issued an IRS form 1099.
10. DISQUALIFICATION: In the event a potential Sweepstakes Prize winner is deemed ineligible or disqualified for any reason under the provisions of these Official Rules, then an alternate winner will be selected via a random drawing.
11. SWEEPSTAKES CONDITIONS: This Sweepstakes is subject solely to the applicable federal, state and local laws of the United States. By participating, persons submitting a Sweepstakes Entry (each, an “entrant” and collectively, the “entrants”) agree that only the laws of the United States shall be applicable to this Sweepstakes and their participation in this Sweepstakes. By participating in the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and any other documents required by Sponsor (including, without limitation, the Affidavit of Eligibility and Publicity/Liability Release referenced herein) and by the decisions of the Sponsor and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules or any other documents required by Sponsor (including, without limitation, the Affidavit of Eligibility and Publicity/Liability Release referenced herein), (ii) to indemnify, defend and hold harmless the Sponsor, The Cheesecake Factory Incorporated (including its subsidiaries and affiliates), and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”) from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by entrant during or in connection with the entrant’s participation in the Sweepstakes and/or any breach or alleged breach by entrant of these Official Rules or of any other documents required by Sponsor (including, without limitation, the Affidavit of Eligibility and Publicity/Liability Release referenced herein), and, (iii) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Released Parties, from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, the acceptance, possession, misuse or use of the prizes and/or the use of any of the rights granted herein. Sponsor shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to by any acts of God, acts of an entrant, acts of civil or military authority, terrorism or terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack or inability to obtain materials, components, labor or fuel supplies, or other circumstances beyond the Sponsor’s reasonable control, whether similar or dissimilar to the foregoing.
12. PRIVACY POLICY: Sponsor may collect information that you provide to enter the Sweepstakes and will use personal information you provide to enter the Sweepstakes to actually conduct the Sweepstakes. Sponsor may further use such personal information to send you information about Sponsor or The Cheesecake Factory Incorporated (including its subsidiaries and affiliates). Sponsor will provide you with an opportunity to opt-out of receiving this information at any time after you first receive such information from Sponsor. Sponsor may also provide such personal information you provide to enter this Sweepstakes to third party fulfillment companies so that such companies may process and deliver prizes to winners. For more information about the Company’s privacy practices, please see The Cheesecake Factory privacy policy.
13. LIMITATIONS OF LIABILITY: Sponsor is not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Sweepstakes Entries, whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications, or other types of malfunctions or interferences, and/or for online entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors or failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Sweepstakes, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the collection and processing of entries, the announcement of a prize or in any Sweepstakes -related materials. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason any portion of this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the potential winners from those eligible entries received up to the cancellation/suspension date. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY SWEEPSTAKES-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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, INCLUDING CRIMINAL PROSECUTION.
14. 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 appropriate Federal or state courts located in Los Angeles, California; (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 and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. 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 California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
15. RULES/WINNERS LIST: To receive an additional copy of these rules or the names of the prize winners, you must send a self-addressed, stamped envelope to: Summer Sweepstakes OFFICIAL RULES, The Cheesecake Factory Oscar & Evelyn Overton Charitable Foundation, 26901 Malibu Hills Rd., Calabasas Hills, CA 91301 which must be received by no later than August 15, 2023 to receive the rules and no later than October 31, 2023 to receive the winners list. Please specify “Rules” or “Winners List.” You may also view the Official Rules at www.thecheesecakefactory.com/summersweepstakes.
