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Administrative Professionals Terms

OpenTable Administrative Professional Tell-a-Friend Program
TERMS AND CONDITIONS


1. Program Period: The OpenTable Administrative Tell-a-Friend Program ("Program") will begin at 12:01 am PST on January 15, 2008 and will end at 11:59 pm PST on February 29, 2008.

2. Eligibility: The Program is only available to current registered OpenTable administrative professionals (hereafter "Participant") who received the Program email directly from OpenTable. The Program is intended for the addressed recipient only and cannot be transferred. If you are not the original intended recipient, then you are not eligible to participate in the Program. Recipients of a forwarded Program email are not eligible.

3. How to Participate: Sign up using the link to the Tell-a-Friend form found in the Program email. Fill out the Tell-a-Friend form by providing the corporate email addresses of the administrative professionals you are referring to OpenTable as well as your OpenTable email address of record (the one to which the Program email was addressed). Finally, send an email to your administrative professional friends telling them how having an OpenTable administrative professional account makes your job easier.

4. Dining Rewards Points: You will be eligible to receive five hundred (500) OpenTable Dining Rewards Points, up to a maximum of two thousand (2000), in your OpenTable account if both of the following conditions are met: (i) the administrative professional you refer registers as an OpenTable administrative professional with OpenTable using the same corporate email address provided in the Tell-a-Friend form; and (ii) that referred administrative professional books and honors a reservation by 11:59 pm PST, February 29, 2008. Dining Rewards Points will be deposited in your OpenTable account no later than March, 31, 2008.

5. Restrictions and Limitations: The following restrictions will apply to the Program:

-The award of OpenTable Dining Rewards Points is limited to a maximum of 2,000 per Participant;

-The award of OpenTable Dining Rewards Points is subject to verification of eligibility;

-OpenTable is not responsible for awarding Dining Rewards Points for referrals that do not result in: (i) the registration of an OpenTable administrative professional with the same corporate email address provided in the referral form; and (ii) a booked and honored reservation by February 29, 2008;

-If multiple referrals for the same person are received, only one (1) award (subject to these Terms and Conditions) will be provided for the referral first received by OpenTable, as determined by OpenTable;

-Referrals generated by fraudulent or illegal means will not result in the award of Dining Rewards Points. OpenTable reserves the right to disqualify any Participant's entry in the Program if in the sole discretion of OpenTable it determines or suspects that the Participant has attempted to undermine the legitimate operation of the Program by cheating, hacking, deception, or other fraudulent, deceptive or unfair practices; and

-Dining Rewards Points: (i) are not transferable; and (ii) have no cash or refund value except when redeemed for a Dining Cheque in accordance with OpenTable's Dining Rewards Program.

6. Governing Law: This Program shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions. The Federal and State courts located in San Francisco County, California will be the exclusive venue for any disputes under this Program, and Participant hereby consents to the personal jurisdiction of those courts for such purposes.

7. Disclaimer of Warranties: OPENTABLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, OPENTABLE DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

8. Limitation of Liability: ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROGRAM. PARTICIPANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

9. Privacy: OpenTable will collect and use personal information submitted by Participants for the purposes of administering this Program. Please review OpenTable's privacy policy. By participating in this Program, you hereby agree to the management of your personal information, as explained in OpenTable's privacy policy.