EAT24 AND APPLE PAY SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO PLAY OR WIN. PAYMENTS VIA APPLE PAY WILL NOT IMPROVE ODDS OF WINNING. SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ITS TERRITORIES, COMMONWEALTHS, AND POSSESSIONS) WHO, ON THE DATE OF ENTRY ARE 18 YEARS OF AGE OR OLDER.  SWEEPSTAKES WILL COMMENCE ON JUNE 23 AT 12:01 A.M. PST AND END ON SEPTEMBER 1 AT 11:59 P.M. PST. INDIVIDUAL PRIZES EXPIRE 90 DAYS AFTER A WINNER RECEIVES A CONFIRMATION EMAIL. VOID WHERE PROHIBITED BY LAW.

1. Sponsor.

This Sweepstakes is sponsored by Eat24, LLC (“Eat24”), who may be contacted by email at [email protected], or by mail at 140 New Montgomery Street, 9^th Floor, San Francisco, California 94105.

2. Sweepstakes Period and Description of Sweepstakes.

The Eat24 and Apple Pay Sweepstakes (the “Sweepstakes”) shall commence on June 23, 2016 at 12:01 A.M. PST (the “Start Date”) and will end on September 1, 2016 at 11:59 P.M. PST (the “End Date”).  The period from Start Date to End Date shall be known as the “Sweepstakes Period.” Sweepstakes details will be posted at: webpage with official Ts/Cs (the “Sweepstakes Webpage”).

3. Daily Winner Determination and Requirements.

3.1 The Sweepstakes is open only to legal residents of the United States (excluding its territories, commonwealths, or possessions), who are eighteen (18) years of age or older (collectively, “Eligible Participants”). By participating, each Eligible Participant agrees to abide by these Official Rules (“Official Rules”) and the decisions of Eat24, which are final and binding in all respects. You may only enter a maximum of one (1) entry per Eligible Participant per calendar day.

3.2 During the Sweepstakes Period, Eligible Participants with an Eat24 account may enter the Sweepstakes either (1) by making a restaurant order on the Eat24 app with a minimum subtotal of $10 using Apple Pay, or (2) by mailing in an entry letter, as further described below. Eligible Participants who enter the Sweepstakes via a restaurant order on the Eat24 app using Apple Pay will be entered into the drawing for the day on which they made their purchase on the Eat24 app. Eligible Participants who mail an entry letter must specify the day during the Sweepstakes Period that they wish to be entered into the drawing for. This letter must comply with the requirements listed in these Official Rules. For each day during the Sweepstakes Period, Sweepstakes entrants will be randomly selected to receive a $30 Eat24 credit (each a “Daily Winner”). Each Daily Winner will have the $30 credit (“Prize”) added to their Eat24 account, which will expire 90 days after Customer’s receipt of the email notification of the Prize. The Prize is not redeemable for cash and can only be used on the Eat24 platform. Eat24 will perform the random selection process once for each of the days in a given month. This random selection will occur on the 14th day of the month for all months with daily Sweepstakes drawings in the preceding month (i.e. on August 14^th, Eat24 will randomly select Daily Winners for each day of July). The Daily Winners will be notified via email and the Prize will be automatically placed into the Daily Winner’s Eat24 account. Only one entry per Eat24 account per day is eligible to participate, and in the event of multiple entries on the same calendar day, the first recorded entry will count as that day’s entry.

No purchase will be necessary to participate in the Sweepstakes. You may participate in the Sweepstakes by mailing a letter to Eat24 which states (i) that you are eligible to participate, (ii) the email address affiliated with your Eat24 account (so Eat24 knows how to contact you and where to credit the Prize amount if you win), and (iii) the specific date during the Sweepstakes Period that you wish to participate in the drawing for. Eat24 must receive this letter no later than the day before the Sweepstakes date you indicate in the letter. Letters must be addressed to: Eat24, 140 New Montgomery Street, 9th Floor, San Francisco, California, Attention: Eat24 and Apple Pay Sweepstakes.

Each participant can only win one (1) Prize per month. If it is determined that a Daily Winner has already won a Sweepstakes Prize in a calendar month, or is ineligible to participate, Eat24 will randomly choose another Daily Winner, until an eligible Daily Winner is selected.

Odds of winning depend on the total number of eligible entries received.  The purchase of any goods or services will not increase any Eligible Participant’s chances of winning.

3.3 Each Daily Winner is solely responsible for all federal, state, and local taxes and other fees associated with his or her receipt and use of a Prize. All decisions of Eat24 regarding the Sweepstakes and the application of these Official Rules are final and binding.

4. Publicity Release.

By participating in this Sweepstakes each Daily Winner agrees that Eat24 and its licensees may create, promote, and use marketing materials in connection with the Sweepstakes which incorporate a Daily Winner’s name, image, voice, biographical information, or likeness, (the “Materials”). Each Daily Winner acknowledges that Eat24 will be the sole and exclusive owner of the Materials, and further assigns to Eat24 all present and future right, title, and interest in all proprietary rights, including but not limited to copyright, whether now known or in the future created in the Materials and any underlying works used to create the Materials. Each Daily Winner agrees to waive for the benefit of Eat24 and all assignees, licensees and sub-licensees of Eat24, any and all moral rights or similar rights which such Daily Winner has or obtains in the future, in any underlying copyright material created by such Daily Winner in relation to the Sweepstakes. Each Daily Winner further acknowledges that he or she will not be compensated for any use of the Materials, and will not have the opportunity to review or approve the Materials before their use.

4.2 If Eat24 breaches any term of these Official Rules, each Daily Winner agrees that his/her sole remedy is the right to recover damages.  Each Daily Winner hereby releases and discharges Eat24 and Apple, Inc. from any and all claims arising out of or under this Sweepstakes or the Materials.

5. Conduct.

By entering into this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of Eat24, which shall be final and binding in all respects. These Official Rules are accessible on the Sweepstakes Webpage throughout the Sweepstakes Period. Failure to comply with these Official Rules may result in disqualification.

6. General Conditions.

The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Eat24. The Prize is not transferable, redeemable for cash or substitutable except by Eat24, who reserves the right to substitute the Prize (or portion thereof) for a prize of comparable or greater value, at its sole discretion.  All Prize details not covered by these Official Rules are at Eat24’s sole discretion. By entering the Sweepstakes and/or accepting a Prize, Daily Winner agrees that he or she has all rights, permissions and consents necessary to grant the rights expressed herein to Eat24 and will abide by and be bound by these Official Rules and Eat24’s decisions.

6.1 Eat24 reserves the right, in its sole discretion, to modify these Official Rules or to cancel, modify, terminate or suspend these Sweepstakes. Such modification or cancellation will not affect prior Daily Winners up through the date of such modification or termination. Eat24 reserves the right to cancel or modify these Sweepstakes if fraud, technical failures or any other factor beyond its reasonable control impairs the integrity of these Sweepstakes, as determined by Eat24 in its sole discretion. In such event, Eat24 reserves the right to award the Prize at random from among the remaining eligible entries received up to the time of the impairment of the applicable drawing. Eat24 reserves the right, in its sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of these Sweepstakes or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Eat24’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

6.2 Eat24 shall determine, in its sole discretion, if any participant shall be disqualified for any reason, and all decisions of disqualification by Eat24 are final. Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules for any reason, including without limitation due to (a) loss, interruption or unavailable network, server, website or other connections; (b) miscommunications; (c) undeliverable emails resulting from any form of active or passive email filtering; (d) insufficient space in participant’s email account to receive email; or (e) other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of Eat24, will be disqualified. Void where prohibited and subject to all applicable federal, state, local and municipal laws and regulations.

6.3 In the event of a dispute as to any entry, the authorized account holder of the email address used to participate in the Sweepstakes will be deemed to be the participant. The authorized account holder is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. ALL POTENTIAL DAILY WINNERS ARE SUBJECT TO VERIFICATION BY EAT24, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. AN ENTRANT IS NOT A DAILY WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. EAT24 WILL NOT ACCEPT ALTERNATIVE EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

7. Limitations of Liability.

By receipt and use of any Prize, each Daily Winner agrees to release and hold harmless Eat24 and its respective affiliated companies, franchisees, and each of their respective officers, directors, employees, representatives and agents (the “Releasees”) from and against any claim or cause of action arising out of participation in these Sweepstakes or receipt, acceptance or use or misuse of the Prize.  Releasees are not responsible for typographical or other errors in the offer or administration of these Sweepstakes, including but not limited to errors in the advertising, these Official Rules, selection and announcement of the Daily Winners and distribution of the Prize. Eat24 is not responsible for, and participant hereby releases the Releasees from, any claims arising from: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, 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 these Sweepstakes; (5) electronic or human error which may occur in the administration of these Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to participant’s computer or mobile device, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in these Sweepstakes or from downloading or accessing any material, regardless of whether the material was prepared by Eat24or a third party, and regardless of whether the material is connected to the Sweepstakes by a hypertext link. If for any reason a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the applicable Sweepstakes, if such Sweepstakes have not been discontinued for any reason. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes set forth in these Official Rules to be available and/or claimed, Eat24reserves the right to award only the stated number of Prizes by a random drawing from among all remaining legitimate, un-awarded, eligible Prize claims.

8. Disputes.

Except where prohibited, participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with these Sweepstakes, or any Prize awarded, or the determination of the Daily Winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for and participant 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.  If participant cannot be bound to arbitration according to local laws, all disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action, in an action in a State or Federal court located in San Francisco, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an participant and/or Eat24in connection with these Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine of any jurisdiction.

9. Daily Winner Information.

For the Daily Winners names, mail a request and a self-addressed, stamped envelope to be received by no later than September 30, 2016 to: Eat24 and Apple Pay Sweepstakes Daily Winners List c/o Eat24, LLC, 140 New Montgomery Street, 9^th Floor, San Francisco, California 94105.

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