OpenTable ™
OPENTABLE’S RESTAURANTS AND RELATIONSHIPS CONTEST:
OFFICIAL RULES:
1. Sponsor: OpenTable’s Restaurants and Relationships Contest (“Contest”) is sponsored by OpenTable International Limited (“OpenTable” or “Sponsor”), with registered office at Alphabeta Building, 14-18 Finsbury Square, London, EC2A 1AH, UK, and company number 3914016. These official rules are the terms and conditions of the Contest (“Rules”). By entering the Contest, you (“Entrant”) and any individuals you nominate (“Nominees”) (collectively, “You”) agree to be bound by these Rules and the decisions of the Sponsor (and its authorized representatives) which are final and binding. If You do not agree with any of the Rules then do not enter the Contest.
2. Eligibility: You are eligible to enter the Contest if You are a resident of the United Kingdom and if You are at least 18 years of age. Employees of OpenTable or its affiliates and anyone else professionally connected with this Contest, and members of their respective immediate families (to include, parent, sibling, spouse and child) are not eligible to enter or to win the Prize(s) (as defined below). Any such entries will be invalid. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED.
3. Contest Period: The Contest begins on April 4, 2018 at 09.00 (BST) and will end with the selection of and informing the Entrant on or about April 27, 2018 (“Contest Period”). Sponsor’s server for the Contest shall be the official time keeping device. The Contest consists of two periods as set forth in the chart below:
PhaseStart Date (at 09.00 (BST))End Date (at 23.59 (BST))
Submission PeriodApril 4, 2018April 18, 2018
Judging PeriodApril 19, 2018April 26, 2018
*OpenTable will inform the Entrant via email on or about April 27, 2018 of the winner Nominees (the “Winners”).
4. Submission Period & How to Enter: To enter the Contest, during the Submission Period, Entrants must:
  • Submit a one-minute video via e-mail to nominate@opentable.com nominating, as a surprise, either: (i) your significant other; or (ii) a couple you know who has experienced a memorable and important event in a restaurant in the UK. The video must include:
  • Your story, or the couple’s story, and why the occasion was so memorable;
  • The name of the restaurant;
  • Details of the occasion sufficient to recreate it (such as what you and your significant other ate, or what the couple you nominated ate, what music was played, what you and your significant other wore, or what the couple wore, and/or any other memorable details); and
  • Why you and your significant other, or why the couple you nominate, deserve to be featured.
Limit one (1) unique entry per person. Proof of submission will not be considered proof of receipt or eligibility. Any suspected use of cheating, fraud, deception, artifice, multiple identities, devices or IP addresses, or robotic, automatic, bots, programmed or similar or dissimilar methods will void all such entries by such methods and any entrant suspected of using/benefitting from same will be immediately disqualified. OpenTable reserves the right, but without obligation, to request additional or clarifying information from any entrant, in its sole and absolute discretion.
YOUR ENTRY MUST BE THE ENTRANT’S ORIGINAL, PREVIOUSLY UNPUBLISHED WORK AND NOT FEATURE OR FOCUS ON ANY MATERIAL OWNED OR CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION, THIRD PARTY COPYRIGHTED MATERIAL).
5. Judging Period & Winner Selection: During the Judging Period, the entries received will be judged by OpenTable and/or its designated representatives and one entry will be selected as a potential winner based on the following judging criteria:
  • Relevance to the Contest Theme – your or the couple’s story and its relevance to the contest theme (25%).
  • Feasibility of Recreation – the ability for the story to be recreated (25%).
  • Filming Availability (25%).
  • Newsworthiness – the newsworthiness of your or the couple’s story (25%).
In the event of a tie, the tie will be broken amongst all tied entries with the highest score in the “Relevance to the Contest Theme” category, and if a tie still remains, the tie will be broken by the highest score in the “Feasibility of Recreation” category. The Entrant will be notified via email of his/her nomination as a potential Winner. In the event of non-compliance, ineligibility, failure to (timely) respond, or returned, undelivered or unclaimed notifications, or refusal to further participate, the potential Winner will be disqualified and an alternate potential Winner may (in OpenTable’s sole discretion) be selected time permitting. Each Winner must complete and return a Confirmation of Eligibility and Publicity Consent within 48 hours of OpenTable’s request. Further, by participating You hereby covenant to refrain from: engaging in actions/activities that may reflect unfavorably on the Sponsor, this Contest, or any other person or entity; and from publicly or privately disparaging, ridiculing, or otherwise criticizing, directly or indirectly, in any media/medium, this Contest or any element thereof, Sponsor’s websites and related platforms and information, other entrants/participants/winners in the Contest, and/or Sponsor’s goals, goods, customers/clients, services and/or products.
6. Prizes/Approximate Retail Value (“ARV”): As a prize, with a total prize value not to exceed £1,000, the Winners will: (i) participate in a recreation of the memorable event (inspired by your or the couple’s story) at the restaurant in which the event took place or if the restaurant does not exist or is not on the OpenTable network an equivalent restaurant of OpenTable’s choice, with meals provided; (ii) be included in an OpenTable feature; and (iii) have travel related costs covered within the United Kingdom for the recreation (collectively, the “Prize”). The Winners must travel and return by June 25. The Winners must be able to travel to the restaurant location within these dates or he/she will forfeit the Prize. The Prize will be awarded to the individual and not to a business entity. The ARV of the travel may vary depending upon the point of departure, dates and fare/rate fluctuation. Any difference between actual and approximate retail value will not be awarded as cash or otherwise. No cash equivalent, prize substitution of equal or greater value, or alternative prize will be given except by OpenTable in its sole discretion. However, Sponsor may, in its sole discretion, choose to substitute a Prize (or prize component) with one of equal or greater value due to Prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion, to replace a Prize (or prize component) with a similar Prize. The Prize is non-transferable, non-assignable and non-exchangeable, except in OpenTable’s sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any prize are the sole responsibility of the Winners. OpenTable will not be responsible for any loss, liability or damage arising out of any Winner’s acceptance, use or misuse or failure to use any Prize, or element thereof. Returned, undelivered, unclaimed, or un-awarded prizes, or any element thereof will not be (re)awarded. Sponsor shall have the right, where necessary, to undertake all action and/or require further information as is reasonable to protect itself, or any of the other promotion partners against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding any prize to any winner.
7. Winners List: To receive a list of Winners for the Contest, send an email to hello@opentable.com. Requests for results must be received within 30 days of the end of the Contest Period.
8. Conditions: By entering the Contest, You hereby warrant that all the information submitted by You is true, current and complete. OpenTable reserves the right to ask for, among other things, proof of age and evidence to verify the identity of an entrant at any time, and may carry out checks of any details provided by or on behalf of any entrant. All entries become the property of OpenTable and will not be acknowledged or returned. By entering the Contest, You represent, warrant, and covenant as applicable (and agree to provide written evidence of such if requested) that: You have the permission of any person/venue that is identified or otherwise referred to in the entry; the entry was created by You specifically for this Contest and has neither been submitted for any other Contest or promotion, nor received any prize or monies; the entry is Your original creation and You have all title, rights, licenses, permissions and consents necessary to the entry and to submit it into this Contest and to grant all of the rights granted to the Sponsor in these Rules (and in any written Agreement signed by entrant), and the exercise thereof by the Sponsor and/or the use by it of the rights granted by You, in whole or in part, does not and will not give rise to any alleged or actual Liabilities (as defined in Section 9 below) including but not limited to those for disputes or payment of any kind, including without limitation infringement of intellectual property rights, royalties, residuals, attribution, credit, dues, approval or consultation rights, or any rights of participation, attribution, or intentional or negligent infliction of emotional distress, misappropriation, breach of contract, or any other fees, costs, or expenses, arising out of the submission, use, exhibition and/or any other use or exploitation of the entry, in whole and in part, its use by Sponsor, and the exercise by Sponsor of the rights granted in these Official Rules. By entering the Contest, You grant OpenTable the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the entry, in whole or in part, and to incorporate the entry in other works in any and all markets and media worldwide in perpetuity whether known or hereinafter devised without additional compensation, notification, permission or approval, and You hereby waive any moral or other rights You may have in the entry that You submit in favor of OpenTable. If any entry contains material that is offensive, violent, pornographic, obscene, illegal, inappropriate, harmful or racially or morally offensive or if any entry does not comply with these Rules or meet OpenTable’s standards for any reason, as determined by OpenTable in its sole discretion, such entry may be disqualified and ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. OpenTable shall have no obligation to copy, publish, display, or otherwise exploit the entry/entrant/Finalist. In the event of any fault, mistake, misunderstanding or dispute concerning the validity of the information supplied by You, or the operation of any part of the Contest, the decision of OpenTable shall be final and no correspondence will be entered into.
9. Liability and Release: OpenTable does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by You howsoever arising from participating in the Contest, or from accepting any prize whether due to any error, omission or other cause by OpenTable, its employees, agents or others to the fullest extent permitted by law. By entering the Contest, You agree that You and Your heirs, executors, and administrators (a) release and hold harmless OpenTable and its promotional partners, and their respective subsidiaries, affiliates, directors, officers, employees and agents (collectively, “Released Parties”) from any threatened or actual claims, actions, liability, illness, injury, death, loss, litigation, costs, fees or damages (“Liability”) that may occur, directly or indirectly at any time, whether caused by negligence or not, from Your participation in the Contest and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof, and/or participation in any prize related activities; (b) to indemnify Released Parties from any and all Liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Contest, a Project, or any prize or element thereof; (c) if selected as a Winner, to the posting of such winner’s name and/or blog user name/handle on the OpenTable website and the use by Released Parties of such winner’s name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of OpenTable, which are binding and final. Failure to comply with any provision in these Rules will result in disqualification from the Contest at OpenTable’s sole discretion. Further, to the maximum extent permitted by law, and without limiting the foregoing, entrants and winners agree to release the Released Parties from and against any and all threatened or actual disputes arising at any time directly or indirectly from any dispute brought by any persons or entities (who may be other than a party to the Rules) arising from or related to an entry, participation and/or involvement in any other respect with the Contest. To the maximum extent permitted by law, and without limiting the foregoing, entrants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Sponsor of any term in these Official Rules does not constitute a waiver of any other provision.
10. Use of Data: OpenTable may collect personal data about You in accordance with its privacy policy. Please review OpenTable’s privacy policy here. By participating in the Contest, You hereby agree to OpenTable’s collection and usage of Your personal information and acknowledge that You have read and accepted OpenTable’s privacy policy.
11. Non-Affiliation: This Contest is in no way organized, sponsored, endorsed, or associated with or by any Prize provider.
12. Governing Law: The Contest and these rules shall be governed by and interpreted under the laws of England, without regard to their conflicts of law provisions.
13. ARBITRATION: BY ENTERING THE CONTEST, ENTRANTS AND POTENTIAL WINNERS AGREE THAT EXCLUSIVE JURISDICTION FOR ANY AND ALL DISPUTES OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR RELATED IN ANY WAY TO THE CONTEST, ALL PARTICIPATION THEREIN AND/OR THESE RULES, SHALL BE SUBMITTED TO BINDING FOR BINDING ARBITRATION IN SAN FRANCISCO, CA, BEFORE ONE NEUTRAL ARBITRATOR TO BE MUTUALLY AGREED UPON BY BOTH PARTIES. THE PARTIES AGREE TO SHARE EQUALLY IN THE ARBITRATION COSTS INCURRED. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, SEEK INJUNCTIVE RELIEF, OR MAKE ANY OTHER RECOURSE TO JUDICIAL PROCEEDINGS IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS CONTEST ARE HEREBY EXCLUDED, AND ALL PARTICIPANTS EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS.
14. Additional Terms: OpenTable reserves the right to permanently disqualify from any Contest or any other promotion any person they believe has intentionally violated these Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by OpenTable, who may seek damages to the fullest extent permitted by law. OpenTable shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prize due to reasons beyond OpenTable’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The failure of OpenTable to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of OpenTable (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Rules. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information or failure to collect or store any such information; for errors in any promotional or marketing materials, in which case these Rules shall govern; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. OpenTable reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Rules). If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, technical or other failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and, in its sole discretion may select winners from all non-suspect entries received prior to the action taken, but only if commercially practicable, fair and feasible to do so as determined by Sponsor in its sole and absolute discretion. Notice of such cancellation, modification, or suspension will be posted on OpenTable’s website. OpenTable may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Rules; is suspected of acting with an intent to annoy, abuse, threaten, or harass any other entrant, OpenTable, or OpenTable’s agents or representatives; or behaves in any other disruptive manner (as determined by OpenTable in their sole discretion). If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if these Official Rules had been executed without the offending provision appearing therein. OpenTable reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest and in such event will post revised Rules on the website, which will continue to govern all aspects of the Contest.
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