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Kansas City Steak Company - Beef Up Your Father's Day Sweepsteaks 6/16/2012
May 29, 2012 at
01:03 PM
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Kansas City Steak Company
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Link: https://www.kansascitys
Rules: Kansas City Steak Company Beef Up Your FAther's Day Sweepsteaks
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE KANSAS CITY STEAK COMPANY BEEF UP YOUR FATHER'S DAY SWEEPSTEAKS (THE "SWEEPSTAKES") IS VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES ("RULES") ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES.
1. Sponsor. This Sweepstakes is sponsored by Kansas City Steak Company, 100 Osage Ave, Kansas City, Kansas 66105 ("Sponsor").
2. Sweepstakes Entry Period. The Sweepstakes begins at 12:01 AM (Central Time) on May 27, 2012 and ends at 11:59 PM (Central Time) on June 16, 2012 (the "Sweepstakes Period"). All entries must be received during the Sweepstakes Period. Sponsor's computer is the official time keeping device for online entry into the Sweepstakes. Mail-in entries must be postmarked by 11:59 PM (Central Time) on June 16, 2012. No entries into the Sweepstakes will be accepted before or after the Sweepstakes Period.
3. Eligibility. The Sweepstakes is open to legal residents of the United States of America and the District of Columbia. You must be at least 18 years of age or older at the beginning of the Sweepstakes Period to be eligible to participate in the Sweepstakes. Employees of Sponsor, and Crimson Wine Group and their respective affiliates, subsidiaries, parent company, advertising agencies, promotional and marketing agencies, search engine optimization agencies, any of their respective agents and the immediate family members of each or persons with whom such employees are domiciled are not eligible to enter or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.
4. How to Enter. You may enter the Sweepstakes by visiting www.KansasCityS
If you do not have access to the internet, you may enter the Sweepstakes via mail by submitting a 3x5 index card to Sponsor with your name, address, email address (your name, address and email address are collectively referred to as "Personal Data"), the phrase "Kansas City Steak Company Beef Up Your Father's Day Sweepsteaks" and an acknowledgment that you will comply with these Rules. Mail-in entries can be sent to Kansas City Steak Company, 100 Osage Ave, Kansas City, Kansas 66105, Attn: Customer Service/Beef Up Your Father's Day Sweepsteaks and must be received during the Sweepstakes Period. A mail-in entry will be treated in the same manner as an online entry received through the Site. Only fully completed entries are eligible. Sponsor acquires and retains all right, title and interest therein, including the ownership and copyright of any entry. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor's ownership of the entries. Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with these entry requirements and/or the Rules. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized account subscriber of the email account used to enter will be deemed to be the entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
5. Personal Data. You are required to submit Personal Data on the entry form. All Personal Data will be held, used and processed by Sponsor in accordance with its Privacy Policy as the Privacy Policy shall be posted at www.kansascitys
6. Warranties and Consents. By completing and submitting an entry form, you: (a) represent and warrant that (i) you have read, and agree to be bound by these Rules, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party's legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
8. Winner Selection and Notification. Ten (10) winners ("Winners") will be selected via a random drawing from the pool of eligible entries received by Sponsor during the Sweepstakes Period. Illegible, late, altered, counterfeit, defective, damaged, copied or reproduced entries will not be accepted. The Winners will be notified via the email address listed on their entry form. In order to be declared an official Winner, each Winner will be required to provide proof of age and verification of identity and complete, sign and return to Sponsor an Affidavit and Release Form in a form to be provided by Sponsor (the "Affidavit") within fourteen (14) days of the date of Sponsor's notification that a Winner has won the Prize ("Prize Claim Expiration Date"). After receipt of the Affidavit, Sponsor will confirm each Winner. By completing, signing and returning the Affidavit, a Winner: (a) confirms compliance with these Rules, (b) releases and forever discharges Sponsor, its affiliates and subsidiaries and each of their respective directors, officers, partners, members, shareholders, employees, advertising and promotional agencies and the agents of each of them (collectively, the "Sponsor Entities") from and against any and all loss, liability, claim, cost, demand, damage, action, cause of action and expense whatsoever arising or to arise by reason of the acceptance or use of the Prize; and (c) gives permission to Sponsor Entities, at their option, to publish or otherwise use a Winner's name, address, photograph, voice and/or comments, without compensation, in any publicity carried out by any such person or entity or its advertising agencies, except where prohibited by law. If a Winner fails to complete, sign and return the Affidavit before 5:00 pm Central Time on the Prize Claim Expiration Date, the Winner will forfeit the Prize and an alternate Winner will be selected in accordance with these Rules. The odds of winning a Prize are dependent upon the number of eligible entries received by Sponsor.
9. Prizes.
(a) Grand Prize. The Grand Prize Winner will receive a 12 Month Steak Plan from the Kansas City Steak Company valued at $859.95, a 4 Burner Gas Grill valued at $400, and a Gift Pack from Pine Ridge Vineyards with an assortment of Pine Ridge Wine's accessories valued at $500. The Grand Prize is approximately valued at $1,760.
(b) First Prize. Three (3) First Prize Winners will receive a $150 Gift Certificate from the Kansas City Steak Company.
(c) Second Prize. Six (6) Second Prize Winners will each receive a $50 Gift Certificate from the Kansas City Steak Company.
(d) General Prize Terms. None of the prizes can be transferred, substituted or redeemed for cash. Each Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with their respective Prize and will and hereby does hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. Sponsor shall have no responsibility or obligation to a Winner or potential Winner who is unable to accept or utilize any of the Prizes as described herein. In the case of a Winner's forfeiture of a Prize, Sponsor may select another winner according to these Rules.
10. General Terms. Your noncompliance with any of these Rules and Responsibilities may result in your disqualification. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person's computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes, administration of the Sweepstakes, or in the announcement of the Prizes and the Winners. If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW. THE MISSOURI COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF MISSOURI SHALL GOVERN THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND SUBMIT TO THE JURISDICTION OF THESE COURTS.
11. Publicity; Release. You may not issue press releases or other publicity in connection with your participation in the Sweepstakes. You agree to release all rights to bring any claim, action or proceeding against the Sponsor, further covenant not to sue the Sponsor and hereby acknowledge that the Sponsor has not 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 Sweepstakes or the Prize.
If you are a California resident, you waive any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Sponsor. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
12. Indemnification. By entering the Sweepstakes, you agree to indemnify, defend, and hold harmless Sponsor, and each of the Sponsor Entities from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Sweepstakes; and/or (ii) the receipt, redemption or use of the Prizes awarded in the Sweepstakes. You agree to release all rights to bring any claim, action or proceeding against Sponsor or any of the other Sponsor Entities, further covenant not to sue Sponsor or any of the other Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prizes.
13. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY. SPONSOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
15. LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
16. Request for the Name of the Winners and Rules. For the names of the Winners and/or a copy of these Rules, send a self-addressed stamped envelope to:
Kansas City Steak Company
100 Osage Ave
Kansas City, KS 66105
Attn: Customer Service/Beef Up Your Father's Day Sweepsteaks
Vermont residents may omit postage.
17. Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
18. Severability. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only as broad as is enforceable.
Rules: Kansas City Steak Company Beef Up Your FAther's Day Sweepsteaks
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE KANSAS CITY STEAK COMPANY BEEF UP YOUR FATHER'S DAY SWEEPSTEAKS (THE "SWEEPSTAKES") IS VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES ("RULES") ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES.
1. Sponsor. This Sweepstakes is sponsored by Kansas City Steak Company, 100 Osage Ave, Kansas City, Kansas 66105 ("Sponsor").
2. Sweepstakes Entry Period. The Sweepstakes begins at 12:01 AM (Central Time) on May 27, 2012 and ends at 11:59 PM (Central Time) on June 16, 2012 (the "Sweepstakes Period"). All entries must be received during the Sweepstakes Period. Sponsor's computer is the official time keeping device for online entry into the Sweepstakes. Mail-in entries must be postmarked by 11:59 PM (Central Time) on June 16, 2012. No entries into the Sweepstakes will be accepted before or after the Sweepstakes Period.
3. Eligibility. The Sweepstakes is open to legal residents of the United States of America and the District of Columbia. You must be at least 18 years of age or older at the beginning of the Sweepstakes Period to be eligible to participate in the Sweepstakes. Employees of Sponsor, and Crimson Wine Group and their respective affiliates, subsidiaries, parent company, advertising agencies, promotional and marketing agencies, search engine optimization agencies, any of their respective agents and the immediate family members of each or persons with whom such employees are domiciled are not eligible to enter or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.
4. How to Enter. You may enter the Sweepstakes by visiting www.KansasCityS
If you do not have access to the internet, you may enter the Sweepstakes via mail by submitting a 3x5 index card to Sponsor with your name, address, email address (your name, address and email address are collectively referred to as "Personal Data"), the phrase "Kansas City Steak Company Beef Up Your Father's Day Sweepsteaks" and an acknowledgment that you will comply with these Rules. Mail-in entries can be sent to Kansas City Steak Company, 100 Osage Ave, Kansas City, Kansas 66105, Attn: Customer Service/Beef Up Your Father's Day Sweepsteaks and must be received during the Sweepstakes Period. A mail-in entry will be treated in the same manner as an online entry received through the Site. Only fully completed entries are eligible. Sponsor acquires and retains all right, title and interest therein, including the ownership and copyright of any entry. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor's ownership of the entries. Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with these entry requirements and/or the Rules. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized account subscriber of the email account used to enter will be deemed to be the entrant and must comply with these Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
5. Personal Data. You are required to submit Personal Data on the entry form. All Personal Data will be held, used and processed by Sponsor in accordance with its Privacy Policy as the Privacy Policy shall be posted at www.kansascitys
6. Warranties and Consents. By completing and submitting an entry form, you: (a) represent and warrant that (i) you have read, and agree to be bound by these Rules, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party's legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
8. Winner Selection and Notification. Ten (10) winners ("Winners") will be selected via a random drawing from the pool of eligible entries received by Sponsor during the Sweepstakes Period. Illegible, late, altered, counterfeit, defective, damaged, copied or reproduced entries will not be accepted. The Winners will be notified via the email address listed on their entry form. In order to be declared an official Winner, each Winner will be required to provide proof of age and verification of identity and complete, sign and return to Sponsor an Affidavit and Release Form in a form to be provided by Sponsor (the "Affidavit") within fourteen (14) days of the date of Sponsor's notification that a Winner has won the Prize ("Prize Claim Expiration Date"). After receipt of the Affidavit, Sponsor will confirm each Winner. By completing, signing and returning the Affidavit, a Winner: (a) confirms compliance with these Rules, (b) releases and forever discharges Sponsor, its affiliates and subsidiaries and each of their respective directors, officers, partners, members, shareholders, employees, advertising and promotional agencies and the agents of each of them (collectively, the "Sponsor Entities") from and against any and all loss, liability, claim, cost, demand, damage, action, cause of action and expense whatsoever arising or to arise by reason of the acceptance or use of the Prize; and (c) gives permission to Sponsor Entities, at their option, to publish or otherwise use a Winner's name, address, photograph, voice and/or comments, without compensation, in any publicity carried out by any such person or entity or its advertising agencies, except where prohibited by law. If a Winner fails to complete, sign and return the Affidavit before 5:00 pm Central Time on the Prize Claim Expiration Date, the Winner will forfeit the Prize and an alternate Winner will be selected in accordance with these Rules. The odds of winning a Prize are dependent upon the number of eligible entries received by Sponsor.
9. Prizes.
(a) Grand Prize. The Grand Prize Winner will receive a 12 Month Steak Plan from the Kansas City Steak Company valued at $859.95, a 4 Burner Gas Grill valued at $400, and a Gift Pack from Pine Ridge Vineyards with an assortment of Pine Ridge Wine's accessories valued at $500. The Grand Prize is approximately valued at $1,760.
(b) First Prize. Three (3) First Prize Winners will receive a $150 Gift Certificate from the Kansas City Steak Company.
(c) Second Prize. Six (6) Second Prize Winners will each receive a $50 Gift Certificate from the Kansas City Steak Company.
(d) General Prize Terms. None of the prizes can be transferred, substituted or redeemed for cash. Each Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with their respective Prize and will and hereby does hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. Sponsor shall have no responsibility or obligation to a Winner or potential Winner who is unable to accept or utilize any of the Prizes as described herein. In the case of a Winner's forfeiture of a Prize, Sponsor may select another winner according to these Rules.
10. General Terms. Your noncompliance with any of these Rules and Responsibilities may result in your disqualification. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person's computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes, administration of the Sweepstakes, or in the announcement of the Prizes and the Winners. If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW. THE MISSOURI COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF MISSOURI SHALL GOVERN THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND SUBMIT TO THE JURISDICTION OF THESE COURTS.
11. Publicity; Release. You may not issue press releases or other publicity in connection with your participation in the Sweepstakes. You agree to release all rights to bring any claim, action or proceeding against the Sponsor, further covenant not to sue the Sponsor and hereby acknowledge that the Sponsor has not 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 Sweepstakes or the Prize.
If you are a California resident, you waive any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Sponsor. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
12. Indemnification. By entering the Sweepstakes, you agree to indemnify, defend, and hold harmless Sponsor, and each of the Sponsor Entities from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Sweepstakes; and/or (ii) the receipt, redemption or use of the Prizes awarded in the Sweepstakes. You agree to release all rights to bring any claim, action or proceeding against Sponsor or any of the other Sponsor Entities, further covenant not to sue Sponsor or any of the other Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prizes.
13. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY. SPONSOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
15. LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
16. Request for the Name of the Winners and Rules. For the names of the Winners and/or a copy of these Rules, send a self-addressed stamped envelope to:
Kansas City Steak Company
100 Osage Ave
Kansas City, KS 66105
Attn: Customer Service/Beef Up Your Father's Day Sweepsteaks
Vermont residents may omit postage.
17. Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
18. Severability. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only as broad as is enforceable.
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