“Snack Attack: Summer Edition” Promotion Terms and Conditions
You must be 18 years of age or older to enter this Promotion.
- The “Snack Attack: Summer Edition” Promotion (“Promotion”) is from 12:00:01 am (ET) May 29, 2012 (“Promotion-Start”) to 11:59:59 pm ET June 1, 2012 (“Promotion-End”) (“Promotion Period”).
- Sponsor: The Promotion is sponsored by Seamless North America, LLC, 1065 Avenue of the Americas, New York, NY 10018 (the “Sponsor”).
- Eligibility: The 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.
- How to Enter: Entrants in the Promotion will either (1) use Twitter to tweet at “@Seamless” and be a Seamless follower on Twitter, or (2) comment on a specific SeamlessFacebook post and “like” Seamless on Facebook. To be eligible for the Promotion, you must tweet or post to Facebook by 1pm in order to be eligible for that day’s prize. Seamless will choose one (1) tweet and one (1) Facebook comment each day that it determines to be the best tweet and the best Facebook comment. The winner will receive a $50.00 Seamlesscredit to use towards a Seamless food purchase. Many will enter, only two (2) will win a prize each day of the Promotion Period. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion. Any communication or information transmitted to Sponsor by e-mail, Facebook, Twitter 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 posted to Facebook or Twitter. 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.
- Notice to Winner: The winners will be notified within seven (7) days after the Promotion-End and will be notified using entrant’s Twitter handle or Facebook name 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.
- Further Documentation: If Sponsor elects to secure 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.
- Representations and Warranties: By submitting your entry, you represent and warrant that you are the authorized user of the Facebook or Twitter account that you are using for such entry.
- 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 submission that is submitted in connection with the Promotion. By your entry in the Promotion, you agree that your submission may be posted on Sponsor’s websites even if you are not the winner.
- Indemnification: By submitting a entry, 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.
- 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’representatives who enter incorrect information into any of Seamless’ computer systems. Seamless reserves the right to cancel/terminate, modify or suspend the Promotion if in Seamless’ 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’ 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’ 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.
- 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.
- 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.
- 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: Snack Attack, 1065 Avenue of the Americas, New York, NY 10018.” Please specify “winners list” or “Official Rules” and the name of the Promotion in your request.