Participating Restaurant Agreement
Effective Date: May 27, 2024
Welcome to Topeka Restaurant Month! This Participating Restaurant Agreement (the 'Agreement') governs your participation as a restaurant in Topeka Restaurant Month (the 'Event'). By entering into this Agreement, you (the 'Participating Restaurant', or collectively 'Participating Restaurants') agree to the terms and conditions set forth by Stonecraft Media (the 'Organizer', 'we', 'us', or 'our'). This Event celebrates local dining and supports community engagement through charitable initiatives.
1. Agreement to Terms.
1.1 Acceptance Through Participation.
By participating as a Participating Restaurant, you agree to be bound by the terms of this Agreement, the Privacy Policy (https://www.topekarestaurantmonth.com/privacy), and the Terms of Use (https://www.topekarestaurantmonth.com/terms), which are incorporated herein by reference, on behalf of yourself or the entity or organization that you represent. In case of conflict between this Agreement and the Terms of Use, the terms of this Agreement will prevail. Participation is confirmed by filling out the restaurant registration form and checking the box to indicate that you have "read & agree" to this Agreement.
1.2 Participation Commitment.
You agree to:
(a) Offer special promotions, menu items, or other engagement activities that align with the event's objectives.
(b) Promote Topeka Restaurant Month by displaying official event materials, including QR codes, posters, and other promotional items provided by the Organizer.
(c) To adhere to all participation guidelines and policies provided by the Organizer.
2. Eligibility Requirements.
2.1 Eligibility Criteria.
To be eligible to participate in Topeka Restaurant Month, you must:
(a) Be a locally-owned, non-franchise establishment or a food truck located within the city limits of Topeka, Kansas, or within a 5-mile radius beyond the city limits.
(b) Be operated by a U.S. resident who is at least 18 years old.
(b) Successfully complete and submit the restaurant registration form on our website, indicating agreement to this Agreement, our Privacy Policy, and Terms of Use.
2.2 Verification and Approval of Eligibility.
The Organizer reserves the right to verify the eligibility of any restaurant or food truck and may require additional documentation to ensure compliance with these criteria. The Organizer has sole discretion in the final decision to allow a restaurant or food truck to participate in Topeka Restaurant Month.
3. Marketing and Promotion.
3.1 Organizer's Efforts.
The Organizer will feature your restaurant or food truck in Topeka Restaurant Month marketing and promotional activities at the Organizer’s discretion, including but not limited to social media campaigns, email newsletters, website features, and event materials.
3.2 Grant of Rights.
You grant the Organizer the right to use your name, trademarks, logos, and related materials for the purpose of event promotion without needing prior approval for each use.
4. Restaurant Policy.
Purpose: This Restaurant Policy outlines the standards and expectations for all Participating Restaurants of Topeka Restaurant Month to ensure a mutually beneficial partnership and maintain the integrity of the event.
4.1 Commitment to Ethical Standards.
Participating Restaurants, their staff, and their employees must conduct themselves in a manner that reflects positively on Topeka Restaurant Month and its objectives. This includes adhering to high standards of honesty, integrity, and responsibility.
4.2 Promotional Activities.
Participating Restaurants must engage in promotional activities that align with the values and goals of Topeka Restaurant Month. Use the official hashtag, #SavorTopeka, in all related social media posts. For clarification, contact the Organizer.
4.3 Non-Interference.
Participating Restaurants agree not to engage in activities or actions that could potentially harm the reputation or operational effectiveness of the event.
4.4 Compliance with Law.
Participating Restaurants, their staff, and their employees must comply with all applicable local, state, and federal laws and regulations in their promotional activities including but not limited to: social media posts, media interviews, press releases, interacting with other Participants, and other activity that related to Topeka Restaurant Month.
5. Event Materials and QR Code Display.
5.1 Event Materials.
The Organizer will provide you with official Topeka Restaurant Month QR codes, posters, and other promotional materials to be displayed prominently at your restaurant premises or in your food truck's service window area.
You, your employees, and your staff are prohibited from scanning your restaurant or food truck's designated QR code to enter the Topeka Restaurant Month Sweepstakes. You, your employees, and your staff may enter the sweepstakes by visiting other participating restaurants and scanning the official Topeka Restaurant Month QR code at those other locations.
5.2 Materials Visibility.
You agree to ensure that the QR codes and promotional materials are visible and accessible to patrons or customers throughout the duration of the event without any requirement to make a purchase.
6. Data Collection and Usage.
6.1 Data Collection Acknowledgement.
You acknowledges that customer data collected through QR code scans and check-in forms will be used by the Organizer for sweepstakes entries and promotional purposes in accordance with the Privacy Policy stated on the Topeka Restaurant Month website.
7. Disputes.
The provisions of this section shall survive the expiration or termination of this Agreement.
7.1 Governing Law.
All matters relating to this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Kansas, USA, without giving effect to any choice or conflict of law provision or rule.
7.2 Dispute Resolution.
In the event of a dispute, the parties agree to the following sequence for resolution:
Negotiation: Parties shall first attempt to resolve any dispute informally through mutual negotiations.
Arbitration: If negotiation fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Both parties waive their right to a jury trial, and agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Litigation: If arbitration does not resolve the dispute, the parties agree to submit to the jurisdiction of the Shawnee County Court in Topeka, Kansas. Litigation will proceed without a jury trial, as both parties waive any right to a jury as part of this Agreement. Any legal suit, action, or proceeding arising out of, or related to, this Agreement provided in connection with Topeka Restaurant Month shall be instituted exclusively in the courts of the State of Kansas, located in the City of Topeka and County of Shawnee, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kansas law.
7.3 Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7.4 Waiver of Jury Trial and Class Actions.
YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND THE ORGANIZER WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND THE ORGANIZER WAIVE ANY RIGHT TO A JURY TRIAL.
7.5 Costs of Dispute Resolution.
Each party shall bear its own costs associated with the negotiation and arbitration processes. In any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees and costs incurred in that litigation, provided such fees and costs are deemed reasonable by the court. This provision is intended to make it easier for both parties to consider and initiate dispute resolution proceedings by minimizing the potential financial burden.
8. Indemnification.
You agree to indemnify, defend, and hold harmless the Organizer and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Organizer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
9. Termination.
9.1 Notice.
This Agreement may be terminated by either party with two (2) days' written notice if the other party fails to comply with any terms and conditions of the Agreement.
9.2 Effect of Termination.
Upon termination, you must remove all Topeka Restaurant Month promotional materials and cease any event-related activities. The Organizer will also remove your restaurant from event listings on the website and cease promoting your restaurant.
9.3 Expiration of Agreement.
This Agreement shall expire at the conclusion of Topeka Restaurant Month on July 31, 2024. The Organizer reserves the right to finalize activities related to this Agreement by this date. All obligations and commitments under this Agreement shall cease upon expiration, except for those expressly stated to survive termination or expiration.
10. Cancellation Policy.
10.1 Right to Cancel.
The Organizer reserves the right to cancel the Event at any time due to unforeseen circumstances, including but not limited to natural disasters, public health emergencies, acts of God, or other events beyond our control (force majeure).
10.2 Notice of Cancellation.
In the event of cancellation, you will be notified as soon as reasonably possible through your provided contact information. Notification will be sent via email and a formal notice on our official website.
10.3 Limitation of Liability.
The Organizer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities, arising out of or in connection with the cancellation of the Event.
10.4 Acknowledgment of Risk.
You acknowledge that your participation in Topeka Restaurant Month is subject to risks beyond the control of the Organizer and agree to hold harmless the Organizer and its affiliates from any claims arising out of such risks.
11. Confidentiality.
11.1 Non-Disclosure.
Both parties agree to keep all confidential information exchanged between them strictly confidential. "Confidential Information" refers to any non-public information disclosed by the Organizer ("Disclosing Party") to the Participating Restaurant ("Receiving Party"), either directly or indirectly, in writing, orally, or by inspection of tangible objects, including but not limited to documents, event plans, financial details, and the terms and conditions of this Agreement.
The Receiving Party agrees not to disclose any Confidential Information to third parties without the prior written consent of the Disclosing Party. The Receiving Party further agrees to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information. The obligations of confidentiality shall continue for a period of one (1) year following the termination of this Agreement.
12. General Conditions.
12.1 Entire Agreement.
This Agreement constitutes the entire agreement between you and the Organizer.
12.2 Amendments.
Any amendments to this Agreement must be in writing and signed you and the Organizer.
12.3 Waiver.
Except as otherwise set forth in this Agreement, no failure of the Organizer to exercise, or delay by the Organizer in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
12.4 No Agency, Partnership or Joint Venture.
No agency, partnership, or joint venture has been created between you and the Organizer as a result of this Agreement. You do not have any authority of any kind to bind the Organizer in any respect whatsoever.
12.5 Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Organizer. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Organizer may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
12.6 Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12.7 Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
12.8 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without respect to conflict of law doctrines.
13. Contact Information.
For any questions or concerns regarding this Agreement, please contact:
Stonecraft Media
1430 SW Woodhull St. #4175
Topeka, Kansas 66604
Topeka Restaurant Month Is Proudly Sponsored By:
Gold Sponsor
Silver Sponsor
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Bronze Sponsor
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Special Thanks To:
Radio Sponsor
Print Sponsor
Gold Sponsor
Silver Sponsor
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Bronze Sponsor
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Special Thanks To:
Radio Sponsor
Print Sponsor
No purchase necessary to enter or win. Must be 18 or older, and a U.S. Resident to enter. Void where prohibited. Entries are accepted by scanning our QR code at participating locations and submitting the 'check-in form'. Winners are chosen by random drawing. See Official Rules for applicable terms & conditions. Sweepstakes runs from July 1, 2024 at 6am CST - July 31, 2024 at 11:59pm CST.
This promotion is not sponsored, endorsed, or administered by, or associated with, any social media platform used in conjunction with this sweepstakes.
Topeka Restaurant Month is a trademark of Stonecraft Media. Apple logo® and App Store® are registered trademarks of Apple Inc. Google Play is a trademark of Google LLC. mobile Munch is a trademark of Enterface, LLC. All trademarks are property of their respective owners.
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Copyright © 2024 Stonecraft Media. All rights reserved.
Copyright © 2024 Stonecraft Media.
All rights reserved.
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