“We’ll Get the Check” Promotion Terms and Conditions
You must be 18 years of age or older to enter this Promotion
1. The “We’ll Get the Check” Promotion (“Promotion”) runs from 6:00:00 am ET November 3, 2011 (“Promotion-Start”) to 11:59:59 pm ET November 3, 2011 (“Promotion-End”) (“Promotion Period”). The Promotion Period is broken down into eighteen (18) one hour periods (each a “Promotion Period Hour”). Each Promotion Period Hour will begin exactly on the hour and end 59 minutes and 59 seconds later. For example, the first Promotion Period Hour will begin at 6:00:00 am ET and end on 6:59:59 am ET.
2. Sponsor: The Promotion is sponsored by Seamless North America, LLC, 232 Madison Avenue, New York, NY 10016 (“Sponsor”).
3. Eligibility: The Promotion 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 in the Promotion. Employees, officers, directors, agents or representatives of Sponsor, their respective parent companies, subsidiaries and anyone connected with the production or distribution of the Promotion, as these designations might apply (collectively the “Promotion Entities”) and their immediate families (including spouse, parents, children, siblings, and each of their spouses regardless where they live) and members of households are not eligible to enter or be awarded a prize.
4. How to Enter: Any customer that places an order through the Seamless consumer site (www.seamless.com) will be automatically entered in the Promotion with each such order being deemed an “Entry”. We will choose the 250th Entry received through the Seamless consumer site (www.seamless.com) during each Promotion Period Hour as a winner in the Promotion. There are eighteen (18) Promotion Period Hours in the Promotion each of which will have one winner for a total of eighteen (18) winners in the Promotion. If Sponsor receives less than 250 Entries during any Promotion Period Hour, Sponsor will choose the last qualifying Entry received by Sponsor during any such Promotion Period with less than 250 Entries received. To be eligible for the Promotion in any given Promotion Period Hour, Sponsor must receive your Entry prior to the end of that Promotion Period Hour. You may enter more than once during the Promotion Period. The winner for each Promotion Period Hour will receive from Seamless a credit for the order that represents the Entry we chose as the winning Entry. The amount of the credit will be the amount of the order. Many will enter but only eighteen (18) will win a prize in this Promotion. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion. Any communication or information transmitted to Sponsor through a www.seamless.com order or otherwise in the Promotion is and will be treated as non-confidential and non-proprietary. Proof of Entry is not considered proof of delivery to, or receipt by, Sponsor of such Entry. Furthermore, Sponsor shall have no liability for any Entry that is not properly made as an order through www.seamless.com. Sponsor is the official time keeper for the Promotion and the Promotion Period and for each Promotion Period Hour. All entry information and materials, including any copy of each Entry, become the property of Sponsor and will not be acknowledged or returned.
5. Notice to Winner: The winners will be notified on November 4, 2011 and each credit will be issued by 11:59pm ET on November 7, 2011. Sponsor is not responsible for communication problems of any kind including any lack of access to, or operability issues with, www.seamless.com during the Promotion Period. 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. The alternate winner will be the Entry that Sponsor received immediately preceding the potential winner’s Entry.
6. 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.
7. Representations and Warranties: By submitting your Entry, you represent and warrant that you are the authorized user of the account that you are using for such Entry and that you are a valid and legal orderer on www.seamless.com.
8. Consent to Use: By submitting your Entry, you consent to Sponsor’s use, reproduction or publication of the Entry 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 their websites any Entry that is made in connection with the Promotion. By your entry in the Promotion, you agree that your Entry may be posted on Sponsor’s websites even if you are not the winner.
9. Indemnification: By submitting a Entry, you agree to indemnify Sponsor and its affiliates, their 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 relating to your participation in the Promotion whatsoever, whether 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.
10. Promotion administration and winner selection and verification will be conducted by Sponsor, whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor 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. Sponsor 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 Sponsor’s representatives who enter incorrect information into any of Sponsor’s computer systems. Sponsor reserves the right to cancel/terminate, modify or suspend the Promotion if in Sponsor’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 causes beyond Sponsor’s control. Sponsor reserves the right to choose no winner(s) should the Promotion be cancelled/terminated for any reason. Sponsor reserves the right to disqualify any discovered Entry from the Promotion if, in Sponsor’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 Sponsor, 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. Sponsor 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 Sponsor and its affiliates, their successors, estates and assigns and all their 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, each 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 Sponsor 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 any winner and an alternative winner shall be selected.
11. 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. 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.
14. 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, Attn: Corporate Snack Attack, 232 Madison Avenue, New York, NY 10016.” Please specify “winners list” or “Official Rules” and the name of the Promotion in your request.