PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE” or “TERMS”) CAREFULLY BEFORE USING THIS SITE. By using the foodnetworkeverydaychef.com web Site (“Site”), you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Site. This Site is owned and operated by AIRBORNE MOBILE INC. (“Airborne”). Airborne reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.
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INDEMNIFICATION
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TERMINATION
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GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the County of Los Angeles and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided for in this agreement.
PRIVACY POLICY
We are committed to ensuring your privacy online.
This website does not collect personal information without your knowledge and consent. Information that we collect is used to assure content compatibility with your handset and delivery to your carrier and phone number. We do not trade, share, sell or rent any information that you may choose to share voluntarily through feedback forms and/or e-mail.
We do collect anonymous traffic data from visitors including IP address and domain servers. This information does not identify you personally and provides valuable information in assessing our capabilities and services to our visitors. We may use such traffic data and/or personal information you provide us voluntarily for marketing and promotional purposes.
By using this web site, you signify your agreement to these terms of use.
Airborne Mobile reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.
EVERYDAY CHEF SEND TO A FRIEND FOOD NETWORK KITCHENS COOKBOOK SET GIVEAWAY
TERMS AND CONDITIONS
By participating in the Everyday Chef Send To A Friend Food Network Kitchens Cookbook Set Giveaway (“Send To A Friend Giveaway”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. To Enter. To enter, go to www.foodnetworkeverydaychef.com ; complete the Send To A Friend referral form by adding your full name, email address and the email address of the Friend you wish to send information about Food Network Everyday Chef, and click "SUBMIT!" You may refer as many Friends as you wish, but each Friend may only be referred once. No mechanically reproduced entries will be accepted. Automated entries are prohibited, and any use of such automated devices will cause disqualification. All entries must be received no later than 11:59pm (EST) on January 31, 2009. Sponsor and its advertising and promotions agencies are not responsible for lost, late, illegible, misdirected, damaged, incomplete or stolen entries or transmissions, or problems of any kind whether mechanical, human or electronic.
2. Persons Who May Be Referred. A referral must include a valid email address for a Friend residing in any of the 50 United States or the District of Columbia, age 18 and older. You may only refer to the Send To A Friend program those individuals with whom you have a relationship and who you believe would wish to receive information about Food Network Everyday Chef. You may not submit for referral i) group email addresses, ii) email mailing lists, or iii) yourself.
3. Eligibility. Only open to residents of the 50 United States and the District of Columbia, age 18 and older. Employees of Food Network or the Sponsor and their respective affiliates, advertising and promotional agencies, manufacturers or distributors, and their immediate families in the same household are not eligible. All federal, state and local laws and regulations apply. This promotion is intended for viewing in the 50 United States and the District of Columbia only and shall only be construed and evaluated according to United States law. You are not eligible to participate in the drawing if you are not located within the fifty United States or the District of Columbia.
4. Prize Details. Ten (10) prizes will be awarded at the time of drawing: one copy of Food Network Kitchens Cookbook Set with an approximate retail value of $24.95 - $34.95 will be awarded to each of the first ten (10) randomly drawn valid entries. Prizes cannot be transferred, substituted or redeemed for cash except at Sponsor's sole discretion. Federal, state and local taxes are the responsibility of each winner. Sponsor reserves the right to substitute a prize with a prize of equal or greater value. Only one prize permitted per family or household. Shipping and handling are the responsibility of each winner.
5. Drawing and Awarding of Prize(s). The ten (10) winners of prizes will be determined in a random drawing from all entries received. The drawing will be held on February 15, 2009 by Airborne Mobile Inc., whose decision is final on all matters relating to the drawing. Odds of winning are determined upon the number of entries received. The Sponsor will attempt to notify the winners of the drawing by email at the address provided in the entry within fifteen (15) days of the drawing. If potential winners cannot be reached within five (5) calendar days from the first notification attempt, then such person(s) shall be disqualified, and alternate winner(s) will be selected. Winners will be required to sign and return an affidavit of eligibility and liability/publicity release within thirty (30) days after notification is sent, or prize(s) will be forfeited and awarded to alternate winner(s), except where prohibited by law.
6. Your Consent to Use Your Data in Emails. By completing the Send To a Friend referral form, you grant to Sponsor your consent to use your name and email address for the purposes of sending an email to your Friend(s) in the manner displayed on the Send To A Friend referral form. You agree not to use any false email addresses or names for the Send To A Friend Giveaway.
7. Confidentiality of Information. All information collected from you will be kept confidential and your personally identifiable information will not be sold or otherwise transferred to unaffiliated third parties. Airborne Mobile Inc. may contact you in the future with offers that it feels may be of interest. If you do not wish to receive these mailings, you may unsubscribe by emailing help@airbornemobile.com. The email addresses of the Friend(s) you referred will not be retained.
8. Your Representations and Warranties to the Sponsor. You represent and warrant to Food Network and Airborne Mobile Inc. that you have an existing relationship with each Friend and that it is your genuine opinion that each Friend referred would wish to receive information about Food Network Everyday Chef. By providing us with the email addresses of your Friends, you are affirmatively requesting and authorizing Food Network and/or Sponsor to send them an email on your behalf.
9. Limitation of Liability. Winner(s) agree that except where prohibited by law, Sponsor may use winner(s)’ name(s), picture(s), portrait(s), likeness(es), and voice(s) for advertising and promotional purposes without further compensation. Food Network, the Sponsor, their respective promotional and advertising agencies, and all respective officers directors, employees, representatives and agents shall have no liability and shall be held harmless by all winners for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this drawing. Any and all disputes, claims and causes of action arising out of or connected with this drawing, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this drawing, but in no event attorney's fees and costs. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this drawing by posting a notice at www.foodnetworkeverydaychef.com should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the drawing. In such event, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Food Network, the Sponsor and their respective promotion and advertising agencies are not responsible for (1) computer, technical, hardware, software or telephone failures of any kind, lost, interrupted, or unavailable network, server, or other connections, network malfunction, fraud, incomplete, garbled or delayed computer transmissions or failure to properly process entries, whether caused by Food Network, the Sponsor, users, or by any of the equipment or programming associated with or utilized in the drawing or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the drawing; (2) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to access the website, submit referrals, or other disruption related to Internet traffic, virus, bug, or unauthorized intervention; or (3) damage caused by computer virus or otherwise resulting to any computer from entrant’s access of the drawing website, whether human, mechanical or electronic. Sponsor may prohibit an entrant from participating in the drawing or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the drawing by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY DRAWING MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. The Sponsor reserves the right to amend these Terms and Conditions; all such amendments shall come into force upon publication on the Food Network Everyday Chef website.
11. Winners List/Rules. For a winners' list, as well as a copy of the rules, send a request with a stamped, self-addressed envelope to Sponsor: Airborne Mobile Inc. Attn: Send To A Friend Giveaway, 415 Madison Avenue, 15th Floor, New York, NY 10017.
12. Sponsor and Drawing Administrator: Airborne Mobile Inc., 415 Madison Avenue, 15th Floor, New York, NY 10017.
