Back to School Lunch for a Month Sweepstakes Official Rules

OFFICIAL RULES

Lunch for a Month Sweepstakes

 These Official Rules apply for the Lunch for a Month Sweepstakes [ES1] (“Sweepstakes”) conducted by Seamless North America, LLC (“Sponsor”) which will be promoted on Sponsor’s Facebook page (www.facebook.com/seamless).  The Sweepstakes is open only to current US residents, and winners may only redeem Prizes in the following states: CA, FL, DC, IL, MA, MD NY, NJ, NV, PA, TX, UT, VA, and WA, at locations where restaurants have an online ordering feature through seamless.com or Sponsor’s mobile apps. The Sweepstakes [ES2] will start at [10:00 AM Eastern Standard Time (“EST”) on September 9, 2013] and will end at [11:59:00 PM EST on September 20, 2013] (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes. By entering this Sweepstakes, you agree to the Terms in these Official Rules.

NO PURCHASE NECESSARY TO ENTER. Making a purchase does not increase your chances of winning.  The odds of winning depend upon the number of qualified entries received.

1.            SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ONE OF THE FIFTY (50) STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED BY LAW.  SWEEPSTAKES SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND WILL BE VOID TO THE EXTENT PROHIBITED BY ANY APPLICABLE LAW OR REGULATION.  This Sweepstakes is governed exclusively by the laws of the United States.   The Sweepstakes and entrants’ participation is subject to Sponsor’s Terms of Use http://www.seamless.com/business/conditions.html  and Privacy Policy http://www.seamless.com/business/privacy.html, which are incorporated as part of these Official Rules. Associates, employees, officers, directors and retirees of Sponsor and its affiliates, as well as partners, advertising and promotions agencies, manufacturers or distributors of Sweepstakes materials and their immediate family members (parents, children, siblings or spouse) or household members (whether related or not) are not eligible. Retirees and corporate accounts of Sponsor and its affiliates are also not eligible.

2.            HERE’S HOW TO ENTER: Visit the Seamless Facebook® Fan page at www.facebook.com/seamless , simply “Like” the Sponsor Facebook fan page and complete the Sweepstakes entry form on the Sponsor Facebook fan page by providing your first name, last name, and email address and clicking “submit.” Limit:   Entry is limited to [12 entries] per person during the Promotion Period. All entries become the property of the Sponsor and will not be acknowledged or returned.  To enter via the Seamless Facebook page, you must be a registered user of Facebook and comply with the Statement of Rights and Responsibilities found at https://www.facebook.com/legal/terms.  To the extent of any conflict between these Official Rules and the Facebook Statement of Rights and Responsibilities, these Official Rules will apply. This promotion is in no way sponsored, endorsed or administered by or associated with Facebook®.

If, in the opinion and sole and absolute discretion of Sponsor, the entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with these Official Rules, Sponsor may disqualify the entry. This Sweepstakes may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of qualified entries are received.

3.            SELECTION OF WINNERS:  [5] Grand Prize Winners, [10] Runners Up, and [50] Winners will be selected on [Friday September 20, 2013] by random drawing at [Seamless Headquarters at 1065 Avenue of the Americas, 15th Floor, NY, NY 10018] from among all eligible entries received.  Entrants need not be present at the drawing to win.  The selection of the Winners is final and binding in all respects. The potential Winners will be notified via the email address provided in the Sweepstakes Entry Form by [September 18, 2013].  If Sponsor is unable to reach a potential Winner by such address, or a potential Winner does not meet the eligibility requirements and/or is ineligible for any other reason, (including noncompliance with these Official Rules), or a potential winner does not execute an affidavit of eligibility within one week of receiving notice, he/she may be disqualified, his/her prize will be forfeited and an alternate winner will be selected from all remaining eligible entries.   All winners must execute affidavits of eligibility and liability/publicity releases within 5 days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, such documents must be signed by his/her parent or legal guardian and the prize will be awarded in the name of and delivered to minor’s parent/legal guardian.

4.            PRIZE/ APPROXIMATE RETAIL VALUE (“ARV”) [(1) The Grand Prize Winners will receive a total of thirty-one (31) $15 Off discount codes for use on Seamless.com or the mobile apps; the Runners Up will receive a total of seven (7) $15 Off discount codes for use on Seamless.com or the mobile apps; and (3) the Winners will receive one $15 off discount code for use on Seamless.com or the mobile apps].  The total ARV for the Prizes is [$4,125]. 

No cash redemptions or prize substitutions or transfers will be permitted.  All federal, state and local taxes will be the sole responsibility of the Winners.  Where applicable, U.S. federal regulations require the issuance of a 1099 Form to the Winner of any prize with a value in excess of $600.

All $15 Off discount codes prizes may be redeemed for either food or beverage orders, except alcohol, totaling an amount less than or equal to the Prize value without any additional purchase or cost. Some menu item and restaurant selection restrictions may apply to ensure certain Prizes can be redeemed without additional purchase or cost. However, if a Winner opts to place a food or beverage order totaling an amount in excess of the Prize value, the Winner shall be required to pay any balance of the order not covered by the Prize by using a credit card. Prizes cannot be redeemed in conjunction with other Seamless promotions.

 

Each $15 Off discount codes will expire ninety (90) days after each Entrant is notified of winning. All prizes must be used by the expiration date or the prize will be forfeited.  [ES3] 

 

5.            GENERAL: By entering this Sweepstakes and/or accepting a prize, all Entrants and Winners: (1) agree to be bound by these rules; (2) agree to release, indemnify, and hold harmless Facebook, Sponsor and its affiliates and each of their respective officers, directors, employees and agents from any and all liability for any claim, loss, harm, damages, regulatory action, costs or expenses (including without limitation property damages, personal injury and/or death) arising out of participating in this Sweepstakes or any Sweepstakes-related activity, the acceptance, possession, use or misuse of a prize, or claims based on publicity rights, defamation or invasion of privacy, copyright infringement, trademark infringement or infringement of any other intellectual property right, breach of contract or merchandise delivery; (3) consent to the use by Sponsor of their names, voices, photographs, likenesses, biographical information, testimonials and/or prize information for advertising, marketing, promotional and/or any other commercial purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission or compensation unless prohibited by law; (4) agree to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Sweepstakes as reasonably designated by Sponsor; (5) acknowledge that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook; and (6) agrees to help facilitate an office party at winner’s place of business.  Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control[ES4] .

6.[ES5]  INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes.  In the event of modification, cancellation, termination or suspension, Sponsor reserves the right to award the prizes from among all eligible entries received prior to the event requiring such modification, cancellation, termination or suspension. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials from the Sweepstakes. 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 (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.  CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any entry based on an e-mail address, the entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

7. USE OF INFORMATION: The information you provide will only be used as described in these Official Rules and in accordance with Sponsor’s privacy policy.  By participating in the Sweepstakes, each entrant hereby agrees to Sponsor’s collection and usage of his/her personal information and acknowledges that he/she has read and accepted Sponsor’s privacy policy. The information that you provide in connection with the Sweepstakes may be used for Sponsor’s internal purposes and to send you information about Sponsor’s products and special promotions but will not be provided to third parties, except as necessary for the administration of the Sweepstakes or as required by law or legal process.  If you do not wish to receive information from Sponsor in the future, please note in your Facebook Entry Form “No Contacts.”   By entering, each Entrant acknowledges that Sponsor has the right at all times to disclose information (including the identity of the persons providing information or materials on the Sponsor Facebook page) as necessary to satisfy any law, regulation or valid governmental request.  For additional information about Sponsor’s Privacy Policy, click here: http://www.seamless.com/business/privacy.html]

The information that you provide in connection with this Sweepstakes is provided to Sponsor and is not provided to Facebook.

8. DISPUTES:  All decisions of the Sponsor shall be final and binding.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.

9.            NAME OF WINNERS:  To receive the name of the Winners (available after January 18, 2013) or a copy of the Official Sweepstakes Rules, send a self-addressed, stamped #10 envelope before September 18, 2013 to: [Seamless North America, LLC, c/o “Lunch for a Month Sweepstakes”, 1065 Avenue of the Americas, 15th Floor, New York, NY 10018].

10. COPY of OFFICIAL RULES:  A copy of these Official Rules may be obtained upon request by emailing thedeliverybag@seamless.com.