1. Drawing Period:
The OpenTable Customer Survey Drawing ("Drawing") will begin at 12:01 a.m. PST on March 18, 2009 and will end at 11:59 p.m. PST on March 25, 2009. The drawing for the prizes will be on or about April 1, 2009.2. Eligibility:
The Drawing is only available to current registered OpenTable members (hereafter "Participant") who received the Drawing email directly from OpenTable. The Drawing 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 Drawing. Recipients of a forwarded customer survey email are not eligible. You agree to be bound by these Drawing Rules. You must be over 18 years of age to enter this Drawing. This Drawing is open to all legal residents of the United States. Employees of OpenTable, its parents, affiliates, subsidiaries, agents, advertising, and promotion agencies and the immediate families or persons residing in the same household of each are not eligible to participate. Void where prohibited. All federal, state and local laws apply. 3. How to Participate:
NO PURCHASE NECESSARY. In order for you to enter the Drawing you must complete and submit the OpenTable customer survey on or before March 25, 2009. Upon timely submission of the OpenTable customer survey you will be entered once in the Drawing. All entries become the property of OpenTable. 4. Dining Rewards Points:
You will be eligible to receive in your OpenTable account 10,000 OpenTable Dining Rewards Points redeemable for a $100 OpenTable Dining Cheque. Ten winners will be selected at random. The odds of winning will depend on the number of qualified entries received. The prize winners will be notified by email no later than April 8, 2009 and the OpenTable Dining Rewards point will be deposited to the winners' accounts no later than May 13, 2009. To receive a list of winners send a self-addressed stamped envelope to: ATTN: Customer Survey Drawing Results, OpenTable.com, 799 Market Street, Fourth Floor, San Francisco, CA 94103.
OpenTable reserves the right to provide a rain check or substitute prize, subject to applicable laws. 5. Restrictions and Limitations:
The following restrictions will apply to the Drawing:
- Prizes are subject to verification of eligibility;
- Prizes are (i) not transferable; and (ii) have no cash or refund value except when redeemed for an OpenTable Dining Cheque in accordance with OpenTable's Dining Rewards Program;
-To claim the prize, the winner must complete and sign an "Affidavit of Eligibility and Liability Release" within ten (10) days of notification, or an alternate winner will be selected.
-In the event of non-compliance with any requirement, the prize may be forfeited and awarded to an alternate winner. If the prize notification is returned as undeliverable or unclaimed, the prize will be forfeited and awarded to an alternate winner. OpenTable's determination of the winners (and all other decisions relating to this contest) is final.
-To meet Federal Tax Regulations, the winner must also provide his/her social security number. Prizes may be considered income and taxes on all prizes are the sole responsibility of the winner. Compliance with all applicable federal and state laws, rules and regulations are the sole responsibility of the winners.
- OpenTable reserves the right, in its sole discretion, to terminate, modify, cancel, or suspend this Drawing at any time, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper participation in the Drawing.6. Governing Law:
This Drawing 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 DRAWING 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 DRAWING. 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.