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NO PURCHASE OR OBLIGATION NECESSARY
TO ENTER OR CLAIM A PRIZE.
1. Eligibility: Must be legal resident
of Canada or the 50 U.S. states and D.C., 18-plus years as of 11/1/06. Employees
of MenuPalace.com, and each of their respective agents, representatives, officers,
directors, shareholders, and employees (collectively, “Releases”), and
the immediate families (spouse, and parents, children and siblings, and their respective
spouses regardless of where they live) and individuals living in the same households,
whether related or not, of the above, are not eligible. Void where prohibited or
restricted by law. The Contest is subject to all applicable federal, state, and
local laws and regulations.
2. To Enter: The Contest begins at 12:00:01
a.m. Eastern Time (“EST”) on 11/21/06 and ends at 11:59:59 p.m. EST
on 03/31/07 (“Promotional Period”). This contest can only be entered
online at MenuPalace.com.
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3. Prizes:
1st Place: Thirty, $100 gift certificates to restaurant(s) of their
choice
– a $3,000 value.
2nd Place: Ten, $100 gift certificates to restaurant(s) of their
choice
– a $1,000 value.
3rd Place: Seven, $100 gift certificates to restaurant(s) of their
choice
– a $700 value.
4th Place: Five, $100 gift certificates to restaurant(s) of their
choice
– a $500 value.
5th - 100th place: One, $50 gift certificate to a restaurant of
their choice
– a $50 value
No substitutions, cash equivalents, or transfer of prizes permitted except at the
sole discretion of the Sponsor, who reserves the right to substitute a prize (or
portion thereof) with one of comparable or greater value. Winners are responsible
for the payment of taxes on the prize and for any other expenses not specified.
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4. Notification: Potential winners will
be notified by email and will be required to complete and sign an Affidavit of Eligibility
and Liability Release, and where legal, a Publicity Release, all of which must be
returned within 14 days from prize notification date. In the event of non-compliance
with these rules, or if the prize or prize notification is unclaimed or returned
as undeliverable, the prize will be forfeited and, at Sponsor’s discretion,
awarded to an alternate winner. If the prize is won by an eligible individual who
is not of the legal age of majority in the state of residence (“minor”),
the required documents must be confirmed and signed by winner’s parent or
legal guardian, and the prize will be awarded in the name of his/her parent or legal
guardian, who will be required to fulfill all requirements imposed on winners set
forth herein. By entering the Contest, entrants, or, if minors, their parents or
legal guardians, agree to the use by Sponsor and its designees of their names, cities
and states of residence and photographs/likenesses for advertising and promotional
purposes for this and similar promotions, worldwide, and in perpetuity, in any and
all forms of media, now known or hereafter devised (including and without limitation,
the Internet) without additional compensation, notification, or permission, except
where prohibited by law. Upon request, winners must consent to such in writing.
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5. Limitation of Liability: By participating
in the Contest, entrants, or, if minors, their parents or legal guardians, agree
to release, indemnify, and hold harmless Releases from and against any injuries,
losses, damages, claims, and actions, and any liability of any kind resulting, in
whole or in part, directly or indirectly, from or arising from participation in
the Contest or acceptance, possession, use, misuse, or nonuse (including any travel-related
activity thereto) of any prize that may be awarded. Entrants or, if minors, their
parents or legal guardians, agree that the laws of the state of California will
govern any and all disputes. Releases are not responsible for technical, computer,
mechanical, printing, typographical, human or other errors relating to or in connection
with the Contest, including, without limitation, errors which may occur in connection
with the administration of the Contest, the processing of entries, the announcement
of the prizes, or in any Contest-related materials; for stolen, lost, late, misdirected,
damaged, incomplete, inaccurate, undelivered, delayed or illegible entries or postage-due
entries or mail; or for electronic, computer, or telephonic malfunction or error.
If in the Sponsor’s opinion, there is any suspected or actual evidence of
electronic or non-electronic tampering with any portion of the Contest, or if computer
virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures
compromise or corrupt or affect the administration, integrity, security, fairness,
or proper conduct of the Contest, the judges reserve the right at their sole discretion
to disqualify any individual who tampers with the entry process and/or void any
entries submitted fraudulently; to modify or suspend the Contest; or to terminate
the Contest and, at Sponsor’s discretion, conduct a random drawing to award
the prizes using all eligible, non-suspect entries received as of the termination
date. As a condition of entering the Contest, participant, or, if a minor, his/her
parent or legal guardian, agrees that: a.) under no circumstances
will participant be permitted to obtain awards for, and participant hereby waives
all rights to claim, punitive, incidental, consequential, or any other damages,
other than for actual out-of-pocket expenses; b.) all causes of
action arising out of or connected with this Contest, or any prizes awarded, shall
be resolved individually, without resort to any form of class action; and c.)
any and all claims, judgments, and awards shall be limited to actual out-of-pocket
costs incurred, and in no event shall participant be entitled to receive attorneys’
fees or other legal costs. Sponsor reserves the right to modify prize award procedures.
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6. Who Won?: For names of winners available
after 5/31/07, email MenuPalace.com. Requests must be received no later than 6/15/07.
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7. Sponsor: MenuPalace.com Corporation
1503-250 Ferrand Drive, Toronto Ontario M3C3G8, Canada.
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8. Fraudulent Entries and Referred Friends: During
the Promotion Period, All potential winners are subject to verification of eligibility,
game play, and compliance with the terms of these Official Rules before any prize
will be awarded. Administrator is responsible for the functionality of the Contest.
Limit: Each entrant may enter using one email address. Multiple entrants
are not permitted to share the same email address. Any attempt by any entrant to
obtain more than the stated number of plays by using multiple/different email addresses,
identities, registrations and logins, or any other methods will void that entrant's
plays and that entrant may be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible,
or misdirected registrations, which will be disqualified. In the event of a dispute
as to any registration or play, the authorized account holder of the email address
used to register will be deemed to be the registrant or player. The “authorized
account holder” is the natural person assigned an email address by an Internet
access provider, online service provider, Internet service provider, or other organization
responsible for assigning email addresses for the domain associated with the submitted
address. Each potential winner may be required to show proof of being the authorized
account holder.
9. Tell A Friend: After you enter the Contest,
you will be invited to submit the names and email addresses of friends who must
be eligible to play the Contest. For each person that you refer, and who also enters
the contest by clicking on the link in the email that they get, you will receive
one point. They will receive an email solely notifying them about the Contest.
You may only refer persons with whom you have an existing relationship. For each
friend referral with a valid and unique email address, you will be given one (1)
point. If you set up fake email accounts and refer them, you will be disqualified.
10. All potential winning plays are subject to verification by Sponsor
or administrator, whose decisions are final AND BINDING.
An entrant is not a winner of any prize, even if the CONTEST SHOULD so indicate,
unless and until entrant’s eligibility and the potential Winning play has
been verified and entrant has been notified that verification is complete.
Sponsor will not accept screen shots or other evidence of winning in lieu of its
validation process. any play that occurs after the system has failed for any reason
is deemed a defective play and is void and will not be honored.
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11. Publicity: Except where prohibited, participation
in the Contest constitutes winner's consent to Sponsor's and its designees’
use of winner's name, likeness, photograph, voice, opinions, biographical information,
hometown, and state for advertising, promotional, and other purposes in any and
all media now or hereafter known throughout the world in perpetuity, without further
payment or consideration, permission, or notification.
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12. General Conditions: Sponsor reserves the right
to cancel or modify the Contest if fraud, technical failures, or any other factor
beyond Sponsor's reasonable control impairs the integrity of the Contest, as determined
by Sponsor in its sole discretion. In such event, Sponsor reserves the right to
award the prizes at random from among the eligible entries received up to the time
of the impairment. Sponsor reserves the right in its sole discretion to disqualify
any individual it finds to be tampering with the entry process or the operation
of the Contest or to be acting in violation of these Official Rules or any other
Promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person
to deliberately damage any web site or undermine the legitimate operation of the
Contest is a violation of criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the fullest
extent permitted by law. Sponsor's failure to enforce any term of these Official
Rules shall not constitute a waiver of that provision.
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13. Release: By entering this Contest and by receipt of any prize,
entrant agrees to release and hold harmless MenuPalace.com Corporation, and any
promotional partners, each of their parent, subsidiary, affiliate, and related companies,
and each of its and their respective officers, directors, employees, and agents
(collectively the “Released Parties”) from and against any losses, damages,
rights, claim, or cause of action of any kind arising, in whole or in part, directly
or indirectly, out of participation in the Contest or resulting directly of indirectly,
from acceptance, possession, use, or misuse of any prize awarded in connection with
the Contest, including without limitation personal injury, death, and/or property
damage, as well as claims based on publicity rights, defamation, and/or invasion
of privacy.
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14. Disputes: Entrant agrees that: (i) any and
all disputes, claims, and causes of action arising out of or connected with this
Contest or any prizes awarded shall be resolved individually, without resort to
any form of class action, and exclusively by Provincial Ontario Courts. (ii) any
and all claims, judgments, and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Contest but in no event
attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain
awards for and entrant hereby waives all rights to claim punitive, incidental, and
consequential damages and any other damages, other than for actual out-of-pocket
expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions
concerning the construction, validity, interpretation, and enforceability of these
Official Rules, or the rights and obligations of the entrant and Sponsor in connection
with the Contest, shall be governed by, and construed in accordance with, the laws
of the Province of Ontario, without giving effect to any choice of law or conflict
of law rules (whether of the Province of Ontario or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than the Province
of Ontario.
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15. Entrant's Personal Information: Information
collected from entrants is subject to the MenuPalace.com Privacy Policy.
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