“Seamless Moments” Terms and Conditions

Seamless Moments Promotion Terms and Conditions

You must be 18 years of age or older to enter this Promotion.

  1. The “Seamless Moments” Promotion (“Promotion”) is from 12:00:01 am (ET) July 5, 2011 (“Promotion-Start”) to 11:59:59 pm ET July 22, 2011 (“Promotion-End”) (“Promotion Period”).
  2. Sponsor: The Promotion is sponsored by Seamless North America, LLC, 232 Madison Avenue, New York, NY 10016 (the “Sponsor” or “Seamless”).
  3. EligibilityThe Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are lawful permanent residents or temporary residents pursuant to a lawfully issued and valid, non-immigrant visa who are 18 years of age or older and the age of majority in their state of residence or older at the time of entry. Employees, officers, directors, agents, representatives and their immediate families (including spouse, parents, children, siblings, and each of their spouses regardless where they live) and members of households of Sponsor, their respective parent companies, subsidiaries and anyone connected with the production or distribution of the Sweepstakes, as these designations might apply (collectively the “Sweepstakes Entities”) are not eligible to enter or be awarded a prize.
  4. Description of Promotion and How to Enter: Entrants in the Promotion will upload an original image, original essay or both that describe or depict your “Most Memorable Seamless Moment” onto Seamless’s Facebook page located at http://www.facebook.com/ILikeSeamlessWeb (“Promotion Site”).  The best photos and essays will be chosen by visitors to the Promotion Site and by the Sponsor to receive the prizes set forth below.
  5. How to Enter:  To enter, go to the Promotion Site page and complete the free Promotion application process.  Next, upload your (1) original image of your “Most Memorable Seamless Moment”; (2) original essay describing your “Most Memorable Seamless Moment”; or (3) both your original image and your original essay depicting your “Most Memorable Seamless Moment” to the Promotion application featured on the Promotion Site (each, a “Submission”).  Each Submission that is entered into the Promotion must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole discretion, violates the following criteria will be disqualified):  (a) the Submission must be the submitting entrant’s original, previously unpublished work and not contain any third party copyrighted material; (b) the entrant should be able to provide, upon request, all appropriate clearances, permissions, and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Promotion); and (c) the Submission must be in an image file format that is compatible with the Promotion Site and, so that the image is properly posted on the Promotion Site.  Submissions must be received by July 15, 2011.  Within seven (7) days of the Promotion-End, each entrant will receive an email including a code entitling you to 10% your next Seamless purchase from www.seamless.com. Each entrant may only receive one discount code during the Promotion Period. From July 16, 2011 through July 21, 2011, visitors to the Promotion Site may view and vote on the entries submitted by clicking on the link to “like” certain entries.  The twenty (20) entries with the most votes or “likes” will be deemed the winners.  Nineteen of the winning entries will each receive a $50.00 credit to be used towards Seamless purchases (ARV $50.00 each) ($1,000.00 total value).  One (1) Grand Prize winner will be chosen by Sponsor, at Sponsor’s sole discretion, from the twenty winning entries, as the entry that Sponsor deems to be the best example of a “Seamless Memorable Moment.”  The Grand Prize winner will receive a $250.00 credit towards Seamless purchases (ARV $250.00).  No substitutions of new versions of the Submission will be accepted under any circumstances.  Many will enter, only twenty (20) will win a prize.  Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.  Any communication or information transmitted to Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary.  Proof of submission is not considered proof of delivery to or receipt of such entry.  Furthermore, Sponsor shall have no liability for any Submission that is not properly entered and posted to the Promotion Site.  Sponsor is the official time keeper for the Promotion.  All entry information and materials, including any copy of the Submission submitted to Sponsor, become the property of Sponsor and will not be acknowledged or returned.  
  6. Notice to Winner:  The winners will be announced on the Promotion Site on the Promotion-End date and also notified within seven (7) days after the Promotion-End using the e-mail address provided at entry.  Sponsor is not responsible for e-mail or other communication problems of any kind.  If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
  7. Further Documentation:  If Sponsor elects to secure an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Terms and Conditions, then each entrant agrees to sign the same upon Sponsor’s request.
  8. Representations and Warranties: By submitting a photo and/or essay, you represent and warrant that you are the owner of the photo and/or essay, and that it is your original work or that you have permission from the owner to use the photo.  Moreover, you represent and warrant that the photograph and/or essay is not subject to any copyrights or other rights such as any third party rights.  To the extent that you have any copyrights or other rights, such as any right of publicity, in the photo and/or essay, you hereby assigns those rights to Seamless, and waive all rights therein or related thereto, including any right to royalties, revenue derived from or related to Seamless’s use of the photo, or other compensation.
  9. Consent to Use: By submitting a photo and/or essay, you consent to Sponsor’s use, reproduction or publication of the photo and/or essay for promotional, commercial and other lawful purposes at no charge to Sponsor, and you release Sponsor from any claims relating to such use.  Sponsor may, in its sole discretion, post on its websites and its Facebook page any photos and essays that are submitted in connection with the Promotion.  By submitting a photo, you agree that your photo and/or essay may be posted on Sponsor’s websites and its Facebook page even if you are not the winner.
  10. Indemnification: By submitting a photograph and/or essay, you agree to indemnify Sponsor, its successors, and assigns and all their respective shareholders, directors, officers and employees, one and all, for any and all liability, actions, causes of action, damages, claims and demands whatsoever in law or equity (including any attorneys fees), including but not limited to any claims related to ownership rights, copyright or other intellectual property right, arising out of your participation in the Promotion.
  11. Promotion administration and winner selection and verification will be conducted by Seamless, whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Seamless concerning any aspect of the Promotion or the interpretation of the Terms and Conditions or the determination as to the qualification of entries. By participating in this Promotion, you agree to be bound by these Terms and Conditions. Seamless is not responsible for any technical, hardware, software, telephone, Internet, virus contamination or network problems and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, force majeure, human errors, including but not limited to, errors by Seamless’s representatives who enter incorrect information into any of Seamless’s computer systems. Seamless reserves the right to cancel/terminate, modify or suspend the Promotion if in Seamless’s sole determination it believes that the integrity of the Promotion has been, or could be, compromised or that the Promotion is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure, human error or any other causes beyond Seamless’s control. No winner will be chosen should the Promotion be cancelled/terminated if the Promotion cannot be run as planned or fairly. Seamless reserves the right to disqualify any discovered entry from the Promotion if, in Seamless’s sole judgment, entrant has not fully complied with these Terms and Conditions. Without limitation, all of an entrant’s discovered entries will be disqualified, at the sole discretion of Seamless, if entrant attempts (i) to enter the Promotion through any means other than as described in these Terms and Conditions; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Promotion or circumvent these Terms and Conditions. Seamless assumes no liability for damage caused to entrant’s or any other person’s/entity’s computer hardware, software or communications network, regardless of cause. Only the prize and the value listed in the Terms and Conditions shall be awarded. By entering this Promotion, a participant explicitly releases, discharges and holds harmless Seamless, its successors, estates and assigns and all its respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Promotion and the acceptance and use or misuse of a prize.  By accepting the prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange or cash equivalent will be allowed except by Seamless who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of a prize or force majeure. Prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner shall be selected.
  12. Applicable Laws: If any provision of this Promotion shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. All federal, state and local laws and regulations apply. All taxes are winner’s responsibility.
  13. Seamless shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Terms and Conditions.  All entries submitted, including any photographs and essays, become the property of Seamless and none will be acknowledged. Seamless collects personal information from you when you enter the Promotion. By entering this Promotion you certify that you are over the age of majority in the jurisdiction in which you reside, and expressly consent to Seamless’s collection and use of certain personal information as set out in Seamless’s privacy policy referred to below. Information collected from entrants is subject to the following privacy policy: http://www.seamless.com/business/privacy.html .
  14. Governing Law/Jurisdiction: Entrant agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this Promotion or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Philadelphia County, Pennsylvania without regard for conflicts of law doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion and under no circumstances will entrant seek or be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any other damages other than for actual out-of-pocket expenses including any and all rights to have damages multiplied or otherwise increased and in no event attorneys’ fees or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
  15. Winners List/Official Rules:  To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Terms and Conditions, send a self-addressed envelope with the proper postage affixed to:  “Seamless North America, LLC, LLC, Attn: Seamless Promotion,  232 Madison Avenue, New York, NY 10016.”  Please specify “winners list” or “Official Rules” and the name of the Promotion in your request.