Seamless Office Party Giveaway Official Rules

OFFICIAL RULES

Seamless Office Party Giveaway

                                These Official Rules apply for the Seamless Office Party Giveaway (“Sweepstakes”) conducted by Seamless North America LLC, 1065 Avenue of the Americas 15th floor, New York, New York 10018 (“Sponsor”) which will be promoted on Sponsor’s Facebook page (www.facebook.com/seamless) in the fifty (50) United States and the District of Columbia.  The Sweepstakes will start at 9:00:00 AM Eastern Standard Time (“EST”) on March 4, 2013 and will end at 11:59:59 PM EST on April 5, 2013 (the “Promotion Period”). By entering this Sweepstakes, you agree to the terms and conditions set forth in these Official Rules.

NO PURCHASE NECESSARY TO ENTER. Making a purchase through Seamless does not increase your chances of winning.  The odds of winning depend upon the number of eligible 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, TAXED OR RESTRICTED BY LAW. THE SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS AND WILL BE VOID TO THE EXTENT PROHIBITED BY ANY APPLICABLE LAW, RULE OR REGULATION.  This Sweepstakes is governed exclusively by the laws of the United States.  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.

2.            HERE’S HOW TO ENTER: Visit the Seamless Facebook page at www.facebook.com/seamless, click on the Seamless Office Party Giveaway tab, and follow the instructions to complete and submit the entry form, including your name, e-mail address and full street address, city, state and zip code, the name and address of your place of work, and a person at your place of work who will assist in coordinating the office party (“Entry Form”).  You must fill out the entire entry form in order to be eligible to participate in the Sweepstakes.  If you are not yet a fan of the Seamless Facebook page, then you must select the “Like” button to become a fan in order to access the Seamless Office Party Giveaway tab.  Entry is limited to one entry 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, any entry violates any law, rule or regulation 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 eligible entries are received.

3.            SELECTION OF WINNERS:  One winner will be selected on or about the day following the Promotion Period by random drawing from among all eligible entries received during the Promotion Period.   Entrants need not be present at the drawing to win.  The selection of the winner is final and binding in all respects. The potential winner will be notified via the email address provided in the Entry Form on or about April 15th.  If Sponsor is unable to reach a potential winner by such email address within five (5) days of prize notification, 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 inability to facilitate the planning of an office party or to have an office party held in his/her workplace), 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”):  Food, beverages and promotional items for an office party of up to 50 people at the winner’s workplace, with a total value of $599. The actual value may vary based on various factors.   No cash redemptions or prize substitutions or transfers will be permitted.  In the event of unavailability of any prize or portion thereof, Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value.  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.

5.            GENERAL: By entering this Sweepstakes and/or accepting a prize, each entrant and winner: (1) agrees to be bound by these Official Rules and to provide to Seamless the name of the person in their office who does the food ordering for purposes of coordinating the party; (2) agrees to release, indemnify, and hold harmless Facebook, Inc., Sponsor and its affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials, 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  any 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) consents to the use by Sponsor of his/her name, voice, photographs, likenesses, biographical information, testimonials, statements 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) agrees to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Sweepstakes as reasonably designated by Sponsor; (5) acknowledges 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.

6.            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.            LIST OF WINNERS:  To receive a list of the winner/s (available after May 1, 2013) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope by June 1, 2013 to: attn: Seamless Office Party Giveaway Sweepstakes, Seamless North America LLC, 1065 Avenue of the Americas Floor 15, New York, New York 10018.