Terms and Conditions
MAD GREENS’ GENERAL TERMS AND CONDITIONS of USE and OFFICIAL CONTEST RULES
(Last updated Aug 6, 2015)
Note that third party sites to which MAD Greens may provide a link on our Sites, such as Facebook, Twitter, Pinterest, YouTube, TalentReef, Monkey Media Software, Brink Software, PayPal, Gipsee, and others may have additional or different terms and conditions associated with use of their sites.
I. GENERAL TERMS AND CONDITIONS OF USE
Ownership, Copyrights and Trademarks. Our Sites, the software and code that comprise and operate our Sites, and all of the content of our Sites are protected under copy right, trademark, service mark and/or other intellectual property laws. The Company owns and reserves all rights in our Sites and in all content on our Sites except where noted to be owned by a licensor or other third party. MAD Greens owns the copyright associated with each Site.
As a user of our Sites, you are prohibited from (a) making modifications to our Site or the content of our Sites; (b) using our site for any commercial purposes unrelated to or not specifically authorized by the Company; (c) destroying, deconstructing or disassembling any part of our Sites or the content; (d) removing any copyright, trademark registration, or other proprietary notices from the content; or (e) copying, exploiting or republishing any portion of the Sites or the content without the express consent of the Company.
Nothing on our Sites may be construed as granting, directly or indirectly any license or right to use any trademarks, service marks or copyrights used on the Site without the prior express written permission of the Company or the trademark owner.
User Generated Content. You own the copyright in any original user generated content (“UGC”) you post. However, by using our Sites, posting UGC to our Sites or sending UGC in any media or medium to us, you are granting the Company, its affiliates, successors and assigns, a non-exclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post or send to us any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
By posting UGC, you represent and warrant that (a) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms and Conditions; (b) the UGC is accurate and appropriate, and (c) you are at least eighteen years old or older if the state in which you have residence has an older age of majority, and you have read, understood and agree to fully comply with these Terms and Conditions and applicable laws.
You are able to contact us through our Sites to provide your feedback or make general inquiries. Although we do not claim ownership of your UGC submitted through our contact us forms, the information, feedback and questions you provide to us will be and remain our exclusive property. The Company is entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any data you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any data that you do not wish to assign to us.
Password-Protected Areas of Our Sites. Certain areas of our Sites are password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Sites or customer third party sites linked from our Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Sites using a password assigned to you, even if the individual is not, in fact authorized by you. You agree to notify us promptly at email@example.com if you have reason to believe that your password may have been compromised or used without authorization
Disclaimers. OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS PARENTS AND SUBSIDIARIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS PARENTS AND SUBSIDIARIES DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE INFORMATION ON THESE SITES, INCLUDING MENUS AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY, ITS PARENTS OR SUBSIDIARIES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SITES, ANY CONTENT PUBLISHED ON OUR SITES, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY, ONE OF ITS PARENTS OR SUBSIDIARIES, HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY THE COMPANY, ITS PARENTS AND SUBSIDIARIES, (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO DOLLARS ($2.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Waiver. Any failure to enforce any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
Choice of Law and Forum for Disputes. You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern this Policy. To the extent that this Policy conflicts with applicable state or United States federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. You agree that any claim or dispute of any sort that might arise between you and MAD Greens, its officers, directors, employees, agents or affiliates related to this Policy must be brought in Denver, Colorado, U.S.A., subject to applicable jurisdictional requirements in any such action or proceeding. You irrevocably waive any objection to such venue.
II. OFFICIAL CONTEST RULES
The Sponsor may conduct random giveaways, contests and/or sweepstakes on-line or in one or more of its restaurants (collectively, the “Contest”). By participating in one or more of those Contests, you represent that you have read and agree to the following Contest Rules:
The Sponsor may hold contests with different rules from time to time and the Sponsor will publish those specific contest rule with respect to that contest.
No Purchase Necessary. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANGES OF WINNING.
Sponsor. The sponsor of the Contests is MAD Greens, LLC (the “Sponsor”). The Sponsor’s principal place of business is 700 12th Street, Suite 200, Golden, CO 80401. You may contact the Sponsor in writing at its principal place of business or by e-mail to firstname.lastname@example.org with any questions about these rules, to obtain a copy of these rules, or for information about prizes or winners.
Contest Promotion Period. The Sponsor will disclose the start and end dates and/or times (the “Promotion Period”) for each Contest.
Eligibility and Limitations. Participants and winner(s) must be legal residents of the United States and the District of Columbia, and at least 18 years of age, or at least the age of majority in such person’s home state where that age is older than 18. VOID IN NEW YORK AND FLORIDA, OUTSIDE OF THE UNITED STATES AND DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW. Each participant agrees to these official rules by entering a Contest. Employees of the sponsor, employees of any agencies involved with the administration of the Contest, and the immediate family members (spouses, domestic partners, children, siblings, parents, and their respective spouses) and members of the same household as such employees, whether or not related, are not eligible to participate. You cannot be a prize winner until your eligibility and entry form have been verified, and it is determined that you have complied with all terms of these Official Rules.
How to Enter. The Sponsor will disclose how to enter each Contest. Unless otherwise stated, only one (1) entry per person per day of the Promotion Period will be allowed. If a participant enters multiple time per day, the Sponsor may disqualify the participant. Entry must be done manually by each participant; multiple and automatically generated entries will be void. Paper entry forms must be handwritten. No photocopies or mechanical reproductions of paper entry forms are permitted. All entries become the property of the Sponsor and will not be returned.
Prizes and Odds of Winning. The prize(s) to be awarded and their approximate retail value will be announced by the Sponsor. Odds of winning will vary depending on the number of valid entries. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be claimed within thirty (30) days after the Sponsor provides notice to the winner. All prizes that are properly claimed will be awarded. Unclaimed prizes will not be awarded, except in the sole discretion of the Sponsor. Certain prizes may be valid only on a particular date(s) (i.e. private dinners, special events) and the Sponsor is not responsible if the winner is not available on the date(s) specified. No more than the stated number of prizes set forth for a Contest be awarded, except in sole discretion of the Sponsor. Only one (1) prize per household will be awarded for each Contest. Also, only one (1) prize per household from any Contest the Sponsor may conduct within any one hundred eighty (180) day period.
Consumer Created Content. If the entry for the Contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place the Sponsor or Contest sponsors under any fiduciary or other obligation, that the Sponsor is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Sponsor and other Contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting Sponsor a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
Disclaimer and Release of Liability. For all Contests, the Sponsor disclaims all liability for any delays, non-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. By participating, entrant agrees to release, discharge and hold Sponsor and its parents, subsidiaries, affiliates, retailers and advertising and promotion agencies, and each of their respective employees, officers, directors, shareholders and agents (collectively, the “Released Parties”) harmless from any liability, claims, losses and damages related in any way to the Contest, or entrant’s acceptance, use, misuse or possession of a prize. Released Parties are not responsible for any errors or problems of any kind, whether printing, seeding, typographical, technical, human or otherwise, relating to or in connection with a Contest, including, without limitation, errors, malfunctions or problems which may occur in connection with the administration of a Contest, the selection of the winners, announcement of the prizes, the collection or processing of entry forms, prize claims or entries or in any Contest-related materials.
Taxes. Any valuation of the prize(s) granted is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner may be required to provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.
Conduct and Decisions. Contest participants agree to be bound by the decisions of Sponsor personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. The Sponsor reserves the right, at its sole discretion, to modify or terminate a Contest (or any portion thereof), should any technical failures, unauthorized human intervention, human error or other causes corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event the Contest is terminated, Sponsor reserves the right to conduct a random drawing to award the prizes from among all eligible entries received prior to event requiring such action, if any. All decisions will be made by the Sponsor and are final. The Sponsor may waive any of these rules in its sole discretion, or may modify these rules at any time, including during a Promotion Period.
The Sponsor reserves the right, at its sole discretion, to disqualify any entrant from a Contest or any other promotion conducted now or in the future by Sponsor or any of its affiliates if his/her fraud or misconduct affects the integrity of the Contest or he/she is otherwise in violation of these Official Rules, as determined by Sponsor in its sole discretion. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Sponsor shall follow the applicable laws for conducting each Contest.
Governing Law; Venue; No Waiver. Contest participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contests, shall be governed by, and construed in accordance with, the laws of State of Colorado, without giving effect to any choice of law or conflict of law rules. Contest participants consent to the jurisdiction and venue of the federal, state and local courts located in Denver, Colorado. Any failure to enforce any term, condition or provision of these Official Rules shall not constitute a waiver of such term, condition or provision.