eORDERS Holiday Giveaway - Official Rules

eOrders Holiday Givaway Official Rules

1. NO PURCHASE NECESSARY TO ENTER OR WIN.
THE PROMOTION IS OPEN ONLY TO RESTAURANT OWNERS AND REPRESENTATIVES WHO ARE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE STARTING DATE OF THE PROMOTION. NO ONE UNDER THE AGE OF EIGHTEEN (18) MAY ENTER THE PROMOTION. VOID WHERE OTHERWISE PROHIBITED BY LAW. Participation in the Promotion constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules.

The " eORDERS HOLIDAY GIVEAWAY" (the "Promotion") begins at 12:00:01 A.M. Eastern Standard Time EST on Thursday, November 28, 2002 and ends at 11:59 pm EST on Thursday, January 31, 2003. ("Promotion Eligibility Period").

2. ELIGIBILITY:
The Promotion is only open to individuals legally authorized to work in the United States who are at least 18 years of age and, if entering online, logging onto the Internet from the United States. Employees, officers and directors of eORDERS, LLC. ("eORDERS'), their respective affiliates, subsidiaries, advertising, promotion, fulfillment and marketing agencies, and their immediate families (defined as spouse, child, sibling, parent, or grandparent) and related persons living in their same households are NOT eligible to participate in the Promotion.

3. HOW TO ENTER:
This is an electronic promotion sponsored by eORDERS. Each company is ONLY permitted to have ONE (1) ENTRY per ELIGIBLE COMPANY REPRESENTATIVE.

To enter online, choose any demonstration from the eORDERS demonstration page (http://demos.eorders.com). At the end of the demonstration, on the Complete Your Order screen, an entry code will be provided along with a link to enter the Promotion. After entering the correct information in the required fields AND entering the correct entry code, the information will be entered in a database for a chance to win.

4. WINNER SELECTION, DRAWINGS AND NOTIFICATION OF WINNERS:
Winners will be selected on or about February 1, 2003, from all eligible entries received. Potential winners in the Promotion will be sent their prize-winning notification via electronic mail (e-mail) to the e-mail address set forth in their entry and contacted to the best of our ability given the submitted registration information.

Potential winners may be disqualified and their entries omitted from any drawings due to any of the following:

• (a) They provided an incorrect e-mail address or otherwise cannot be contacted
• (b) They fail to:
     • (i) Comply with these Official Rules,
     • (ii) Respond to the e-mail winner notification within seventy-two (72) hours of the Notification Time
     • (iii) Claim a prize within seventy-two (72) hours of the Notification Time

In each such case, an alternate winner will be selected. By entering the Promotion, you authorize eORDERS to list your name, company name, city and state on the winners list, pending eligibility confirmation, should your entry be drawn.

Please Note: The time eORDERS transmits prize-winning notification will be deemed the "Notification Time" regardless of when the winner receives such notification. eORDERS is not responsible for any delays or obstacles in notification due to: (a) an erroneous e-mail address; (b) an outage or delay in Internet or telephone service or access; or (c) any other circumstance that may delay or prevent winner from receiving the notification. In each such case, an alternate potential winner will be selected. Winners may be required to provide proof of identity.

5. PRIZES AVAILABLE:
(Odds of winning the Promotion are based on the total number of qualified entries received.)

All listed prizes are complete packages. There are no additional costs or hidden fees associated with claiming any prize listed.

Multiple locations:

Grand Prize - One (1) Grand Prize winner will be randomly selected from all eligible Multiple entrants to receive:

Setup Fee with Custom Heading for up to 5 locations
3 months service fee

APR - $1200.00

1st Prize - One (1) First Prize winner will be randomly selected from all eligible Multiple entrants to receive:

Setup Fee with Custom Heading for a Single location
3 months service fee

APR - $550.00

Single locations:

Grand Prize - One (1) Grand Prize winner will be randomly selected from all eligible Single entrants to receive:

Setup Fee with Custom Heading
3 months service fee
Inclusion of up to 20 images

APR - $575.00

1st Prize - One (1) First Prize winner will be randomly selected from all eligible Single entrants to receive:

Standard Setup Fee
1 month service fee

APR - $350.00

Total of all prizes in this Promotion, are approximately $2,675. Prizes are not transferable. No substitution of prizes except by eORDERS, LLC., which may provide a prize of equal or greater value.

6. WINNERS LIST:
A list of winners will be posted on eORDERS web site at http://www.eorders.com/winners.htm by March 1, 2003.

7. MISCELLANEOUS:
eORDERS is not responsible for any problems, errors, omissions, interruptions, defects, thefts, destruction or unauthorized access to or alteration of entries or technical malfunction of any communications network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by eORDERS on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Promotion. Persons found tampering with or abusing any aspect of this Promotion, as solely determined by the judges, will be disqualified. If disqualified for any of the above abuses, eORDERS reserves the right to terminate an individual's eligibility to participate in the Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, eORDERS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event any portion of this Promotion is compromised by virus, bugs, non-authorized human intervention, fraud, technical failure or other causes beyond the control of eORDERS which, in the sole opinion of eORDERS, corrupts, or impairs the administration, security, fairness, integrity or proper play of the Promotion, and eORDERS, reserve the right, in their sole discretion to cancel, modify, suspend or terminate the Promotion.

By entering the Promotion participants agree to release discharge and hold harmless eORDERS, their respective affiliates, subsidiaries, retailers, agencies and their respective officers, directors, employees and agents, from among other items, any injury, loss or damages of any kind that may arise out of participation in the Promotion or out of the acceptance, use, misuse or possession of prizes.

By participating, you agree to these Official Rules and to the decisions of the judges (eORDERS), which are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.

8. PUBLICITY.
Except where prohibited, participation in the Promotion constitutes winner's consent to eORDERS' use of winner's name, company, likeness, voice, opinions, city and state for promotional purposes in any media without further payment or consideration.

9. GENERAL CONDITIONS
eORDERS reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond eORDERS' reasonable control impairs the integrity of the Promotion as determined by eORDERS in its sole discretion. By entering the Promotion, entrants agree to abide by the terms of these Official Rules, which are final on all matters pertaining to the Promotion. All taxes (including without limitation federal, state, and local sales, use and/or income taxes) on or connected with prizes are the sole and exclusive responsibility of respective Winners. All expenses not specifically mentioned herein are not included and are solely the winner's responsibility. eORDERS' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. LIMITATIONS OF LIABILITY.
eORDERS is not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, incomplete, misdirected, or deleted entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or from downloading any material from the Promotion's web site, regardless of whether the material.

11. DISPUTES.
Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Pennsylvania (Eastern Division) or the appropriate Pennsylvania State Court located in Bucks County, Pennsylvania; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys' fees; and (3) 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All federal, state and local laws and regulations apply.

12. PRIVACY.
If you would like to view the complete privacy policy go to: http://www.eorders.com/privacy.htm.

13. COPYRIGHT AND LIMITATIONS ON DISCLOSURE AND USE.
The Content, including without limitation, all test, data, images, audio and video files, graphics, and other materials used in the Promotion and this related site (the "Content") is the property of eORDERS. The Content is protected by copyright and other intellectual property laws, and may be displayed on your computer monitor only for your personal, non-commercial use in connection with the Promotion. You agree not to print, copy, store, save, reproduce, reverse engineer, recompile, disassemble, or retransmit, distribute, disseminate, download, sell, publish, broadcast, or circulate the Content to anyone, including but not limited to others in the same company or organization, without the express prior written consent of eORDERS. You also agree that you shall not use any automated or manual means, including without limitation, the use of any site search or retrieval application to "spider" this site, to retrieve, index, or in any way circumvent the navigational structure or presentation of this site. All rights not expressly granted herein are reserved to eORDERS.