Terms Of USE
Effective Date: May 27, 2024
Welcome to TopekaRestaurantMonth.com (the 'Website'). The Website is managed by Stonecraft Media (the 'Company,' 'Organizer,' 'we,' 'us,' or 'our'), which serves as the central platform for the Topeka Restaurant Month event (the 'Event'). This Event celebrates local, non-chain culinary establishments and supports community charity initiatives, reflecting our commitment to enhancing the local community through charitable endeavors. Depending on circumstances and sponsor interest, our support may extend to one or multiple local community charities.
These Terms of Use (the 'Agreement') govern your participation in Topeka Restaurant Month, your interactions on our associated social media channels, and your access to and use of the Website and its Services, including any products, features, materials, information, promotions, and sweepstakes provided by or on the Website (collectively, the 'Services'). By participating in Topeka Restaurant Month or using any of the Services, you accept these Terms and agree to be legally bound by them.
Definitions
For the purposes of these Terms of Use, the following terms are defined as follows:
'Company', 'Organizer', 'we', 'us', or 'our': Refers to Stonecraft Media, which manages TopekaRestaurantMonth.com and organizes Topeka Restaurant Month.
'Participants': Refers to any individuals or entities or organization engaging with Topeka Restaurant Month, whether as general users browsing the website, restaurants submitting the Restaurant Registration Form, or sponsors entering into the Sponsor Agreement.
'Sponsor Agreement': The agreement between the Organizer and the sponsors of Topeka Restaurant Month, detailing sponsorship obligations and rights.
'Participating Restaurant Agreement': The agreement that outlines the terms for restaurants participating in Topeka Restaurant Month.
'Sweepstakes Official Rules', or 'Official Rules': The official rules of the Topeka Restaurant Month Sweepstakes.
1. Acceptance of this Agreement.
1.1 Acceptance Through Using or Accessing the Services.
Please review this Agreement carefully. By accessing or using the Services, or by engaging in specific activities, you signify your acceptance to be bound by this Agreement or the applicable specific agreement on behalf of yourself or the entity or organization that you represent:
General users: By browsing the website.
Participating Restaurants: By submitting the restaurant registration form on our website, which is governed by the Participating Restaurant Agreement.
Sponsors: By submitting the sponsor registration form on our website, which is governed by the Sponsor Agreement.
If you do not agree to this Agreement, you must not use or access the Services and should exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services.
To participate in Topeka Restaurant Month or use any related Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Organizer. Participants refer to individuals or entities who register or partake in any activity associated with Topeka Restaurant Month.
By accessing or using the Services—including but not limited to attending events, submitting a form on our website, entering sweepstakes, or engaging with promotional activities—you affirm that you meet all the above eligibility requirements and that you have the authority to enter into this Agreement on behalf of yourself or the entity you represent. If you do not meet these requirements, you are prohibited from using or accessing the Services.
1.3 Changes to this Agreement.
The Organizer reserves the right to modify this Agreement at its sole discretion. Except for changes made for legal or administrative reasons, reasonable advance notice will be provided before the modifications become effective. All changes will apply to your use of and access to the Services from the date the changes take effect. For new users, the changes are effective immediately upon acceptance.
Your continued use of or access to the Services following any changes to this Agreement constitutes your acceptance of such changes and your agreement to be bound by the terms of the updated Agreement. You are advised to review this page periodically to be aware of any changes, as they are binding on you.
2. Access to the Services.
(a) Changes to Your Access and the Services.
The Services may evolve over time due to the addition of features, refinement of offerings, or other operational adjustments. The Organizer reserves the right to modify, suspend, or discontinue the Services, wholly or in part, at any time without prior notice. You acknowledge that the Organizer is not liable for any losses or damages arising from these changes or for the unavailability of the Services at any given time.
(b) Creating an Account.
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Organizer may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
(c) Account Responsibilities.
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Organizer immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Organizer will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Organizer or any third party due to someone else using your account or password.
(d) Termination or Deletion of an Account.
The Organizer reserves the right to suspend or terminate your account at any time, at our sole discretion, for any or no reason, including if it is determined that you have violated any terms or conditions of this Agreement.
3. Policy for Using the Services.
3.1 Prohibited Uses.
You are permitted to use the Services exclusively for lawful purposes and in compliance with this Agreement. You agree not to use the Services in any manner that could harm, disrupt, or negatively affect the operation of the Event or the general business operations of the Organizer, our Sponsors, or any participating restaurant. The Services may only be used for participating in Topeka Restaurant Month activities or for other purposes expressly authorized under this Agreement.
3.2 Prohibited Activities.
In using the Services, you further agree not to engage in any of the following prohibited activities:
(a) No Violation of Laws or Obligations.
Do not violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
(b) No Unsolicited Communications.
Do not send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
(c) No Impersonation.
Do not impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
(d) No Harming of Minors.
Do not exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
(e) Compliance with Content Standards.
Do not upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
(f) No Interference with Others’ Enjoyment.
Do not harass or interfere with anyone’s use or enjoyment of the Services, or expose the Organizer or other users to liability or other harm.
(g) No Interference or Disabling of the Services.
Do not use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
(h) No Monitoring or Copying Material.
Do not copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Organizer conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
(i) No Viruses, Worms, or Other Damaging Software.
Do not upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
(j) No Unauthorized Access or Violation of Security.
Do not violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
(k) No Reverse Engineering.
Do not reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
(l) No Collecting User Data.
Do not collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
(m) No Other Interference.
Do not otherwise attempt to interfere with the proper working of the Services.
(n) Attempt or Assist Others in Attempting.
Do not attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
3.3 Geographic Restrictions.
The Services are intended for use primarily by persons located within the State of Kansas, specifically in the Topeka area. By choosing to access the Services from any location outside of this specified area, you accept full responsibility for compliance with all local laws applicable to your location. The Organizer makes no representations that the Services or any of its content are appropriate or available for use outside of the State of Kansas, Topeka area.
4. Terms and Conditions of Sale.
4.1 Purchasing Process.
Participants may purchase merchandise, sponsorships, or event tickets related to Topeka Restaurant Month through the following steps:
(a) By selecting an item to initiate a purchase, participants are directed to a secure payment section, where they must provide their contact details and select a preferred payment method.
(b) After entering all necessary information, participants should review their order carefully. Each step in the process will be clearly marked, and detailed descriptions of each product or service will be provided to ensure transparency. Confirming and submitting the order by clicking the designated button on the Website constitutes acceptance of these Terms and an agreement to pay the stated price.
4.2 Order Submission.
When you submit an order, the following applies:
(a) Submitting an order constitutes the formation of a contract, obligating you to pay the stated price, applicable taxes, and any additional fees and expenses as outlined on the order page.
(b) If the purchase requires your active input, such as personal information or specific requests related to the purchase, you are obligated to cooperate as necessary.
(c) Upon order submission, you will receive an email receipt confirming that the order has been processed.
Notifications regarding the order process will be sent to the email address you provide.
4.3 Prices.
All fees, taxes, and additional costs associated with your purchase will be clearly disclosed during the purchasing process and before order submission. A card processing fee of 3% will be applied to all transactions to cover the costs associated with secure card payment processing through Stripe.
4.4 Return Policy.
All sales of merchandise are final. Refunds or exchanges will not be provided for merchandise once it is sold, except in cases where the product is defective or if there has been an error in fulfillment (e.g., incorrect item shipped). In such cases, please contact us immediately for assistance.
4.5 Methods of payment.
Accepted payment methods will be clearly indicated during the purchasing process. We process card payments securely through Stripe, a trusted third-party payment service provider. This ensures that we do not collect or store your credit card details directly. Certain payment methods may be subject to additional conditions or fees, which will be specified in a dedicated section of the Website. If a payment is unsuccessful or refused by Stripe, we are not obligated to fulfill the order. Any costs arising from such a failure or refusal will be your responsibility.
4.6 Retention of usage rights.
You do not acquire any rights to the merchandise, sponsorships, or event attendance until the total purchase price has been received.
5. Intellectual Property Rights.
5.1 Ownership of Intellectual Property.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in and to the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Organizer, its licensors, or other providers of such material associated with Topeka Restaurant Month. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you or any user any right, title, or interest in or to such intellectual property rights, except as expressly set forth in this Agreement. Any rights not expressly granted are reserved by the Organizer and its licensors.
5.2 License to Use the Services.
During the term of this Agreement, the Organizer grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for personal, non-commercial use solely in connection with participating in Topeka Restaurant Month. The Content may not be used for any other purposes. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
5.3 Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) No Copying or Distribution.
You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature within the Services when provided to you.
(b) No Modifications.
You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
(c) No Exploitation.
You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
(d) No Altering of Notices.
You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
(e) No Competition.
You shall not access or use the Content to build a similar or competitive website, product, or service.
(f) Systematic Retrieval.
You shall not use any information retrieval system to create, compile, directly or indirectly, a collection or directory from the Content or data from the Services.
5.4 Trademark Notice.
All trademarks, logos, and service marks displayed on the Services related to Topeka Restaurant Month are either the property of the Organizer or the property of third parties. You may not use these trademarks, logos, or service marks without the prior written consent of their respective owners.
6. User Content.
6.1 User Generated Content.
The Services associated with Topeka Restaurant Month may include interactive features such as message boards, chat rooms, user profiles, forums, and other platforms that allow participants to post, upload, submit, publish, display, or transmit content or materials (collectively, "User Content") on or through the Services.
You are solely responsible for your User Content. Consider carefully what you choose to share, as all User Content must adhere to the Content Standards specified below. Any User Content you post through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with your User Content, including reliance by others on its accuracy, completeness, and appropriateness, and any disclosure of information that personally identifies you or third parties. You agree that the Organizer is not responsible or liable for any User Content posted by you or any other user.
Interactions between you and other users are solely between you and such users. the Organizer is not responsible for any loss or damage incurred from user interactions. If a dispute arises between you and another user, the Organizer is under no obligation to become involved.
6.2 License.
By posting User Content on or through the Services, you grant the Organizer an irrevocable, non-exclusive, royalty-free, fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, display, perform, create derivative works from, incorporate into other works, and otherwise use and exploit your User Content. This license extends to promoting and redistributing part or all of the Services in any media formats and through any media channels.
You represent and warrant that you own or control all rights in and to the User Content and have the authority to grant the above license. You irrevocably waive any claims against the Organizer regarding alleged or actual infringement or misappropriation of any proprietary rights in your User Content. These licenses are subject to our Privacy Policy, especially regarding any User Content that contains personally identifiable information.
6.3 Content Standards.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards ("Content Standards"). User Content must not:
(a) Violate Laws or Obligations:
Breach any applicable laws or regulations, including intellectual property laws and rights of privacy or publicity, or any contractual or fiduciary obligations.
(b) Promote Illegal Activity or Harm to Others:
Promote illegal activities; advocate, promote, or assist any unlawful acts; or pose a risk of harm, loss, or damage to any person or property.
(c) Infringe Intellectual Property Rights:
Infringe upon the copyrights, trademarks, patents, trade secrets, moral rights, or other intellectual property rights of any person.
(d) Defamatory, Abusive, or Otherwise Objectionable Material:
Contain information or material deemed unlawful, defamatory, libelous, invasive of privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, or otherwise objectionable as determined by the Organizer.
(e) Promotion of Sexually Explicit Material or Discrimination:
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(f) Fraudulent Information or Impersonation:
Contain false information or material intended to deceive, including impersonating any person or misrepresenting your identity or affiliation with any person or organization.
(g) Misrepresent Endorsement:
Imply or represent that your content is provided, sponsored, or endorsed by the Organizer, our Sponsors, or any Participants, unless it is expressly so
6.4 Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to:
(a) Take Action: Engage in any action regarding User Content that we consider necessary or appropriate in our sole discretion. This includes situations where User Content may violate the Content Standards, any other provisions of this Agreement, or potentially create liability for the Organizer or others. Such actions may include removing the User Content, limiting user access, or reporting the matter to law enforcement authorities.
(b) Remove or Reject User Content: At our sole discretion, remove or reject any User Content for any reason or for no reason.
(c) Disclose Information: Disclose User Content, your identity, or any electronic communication to satisfy any legal or regulatory requirement, or to protect the rights, property, or safety of the Organizer, our users, or others.
(d) Terminate or Suspend Access: Terminate or suspend your access to all or part of the Services for any reason, including but not limited to, any violation of this Agreement.
While we strive to review User Content posted to the Services, we cannot guarantee immediate removal of objectionable material after it has been posted. Therefore, we do not assume liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We are not responsible for the performance or non-performance of the activities described in this section.
6.6 Copyright Infringement (Digital Millennium Copyright Act Policy).
The Organizer respects the intellectual property rights of others and expects all users of the Services to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), it is our policy to terminate the services of any repeat infringers. If you believe that your copyrighted work has been reproduced on our Services in a manner that constitutes copyright infringement, please provide the following information to our designated copyright agent:
(a) Physical or Electronic Signature: A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
(b) Description of Copyrighted Work: A description of the copyrighted work you claim has been infringed.
(c) Description of Infringing Material: A description of where the material that you claim is infringing is located on the Services.
(d) Contact Information: Your contact information, including address, telephone number, and email address.
(e) Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) Statement of Accuracy: A statement, made under penalty of perjury, that the information provided in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated contact for the Organizer:
Name: Chris Stone
Email: [email protected]
6.7 Feedback to the Organizer.
If you provide the Organizer with any feedback or suggestions regarding Topeka Restaurant Month ("Feedback"), you hereby assign to the Organizer all rights in the Feedback and agree that the Organizer shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate. The Organizer will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit any information or ideas that you consider to be confidential or proprietary.
7. Assumption of Risk.
The information presented on or through the Services related to Topeka Restaurant Month is provided for general informational purposes only. The Organizer does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance you place on such information is strictly at your own risk. The Organizer disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
8. Privacy.
For information on how the Organizer collects, uses, and shares your information, please review our Privacy Policy. By using the Services, you consent to the collection, use, and sharing of your information as outlined in the Privacy Policy.
9. Termination.
9.1 Termination by the Organizer.
The Organizer may suspend or terminate your access to the Services at any time, for any reason, at our sole discretion, and without prior notice, including any breach of this Agreement. Upon termination, your right to access and use the Services will immediately cease. The Organizer will not have any liability whatsoever to you for any suspension or termination, including for termination of your account or deletion of your User Content.
9.2 Termination by You.
If you have registered for an account, you may terminate this Agreement at any time by contacting the Organizer and requesting termination.
9.3 Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive termination will remain in effect, including, but not limited to, ownership provisions, intellectual property rights, warranty disclaimers, dispute resolution, indemnity, and limitations of liability. Such provisions shall survive any termination or expiration of this Agreement to ensure ongoing rights and obligations are maintained.
Termination of your access to and use of the Services does not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Organizer or any third party. Please note, termination of your access and use of the Services may involve deletion of your User Content associated with your account from our live databases.
10. No Warranty.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE ORGANIZER AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE EVENT OR THIRTY (30) DAYS FROM THE DATE OF FIRST USE, WHICHEVER IS SHORTER.
11. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZER OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE ORGANIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. 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.
13. Disputes.
The provisions of this section shall survive the expiration or termination of this Agreement.
13.1 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.
13.2 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, these Terms of Use or the Services 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 the use of these Terms of Use or the Services, including disputes arising from or concerning their 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.
13.3 Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.4 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 JUDGE OR 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.
13.5 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 these Terms of Use, 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.
14. Miscellaneous.
14.1 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.
14.2 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.
14.3 Entire Agreement.
This Agreement, together with all documents referenced herein and any specific agreements such as the Sponsor Agreement, Sweepstakes Official Rules, and Participating Restaurant Agreement constitutes the entire agreement between you and the Organizer with respect to the subject matter contained herein. In the event of any discrepancies between these Terms of Use and any specific agreements, the terms of the specific agreement will take precedence over these Terms of Use concerning matters specifically addressed in those agreements. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
14.4 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.
14.5 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.
14.6 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.
14.7 Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
14.8 Precedence of Agreement.
In the event of any conflict or inconsistency between these Terms of Use and any specific agreements (including but not limited to the Sponsor Agreement, Sweepstakes and Official Rules, and Restaurant Agreement), the terms of the specific agreement shall prevail with respect to the matters specifically addressed in that agreement.
14.9 Integration with Other Agreements.
This Agreement shall be read in conjunction with the Other Agreements related to Topeka Restaurant Month, including the Sponsor Agreement, the Sweepstakes Official Rules, and the Participating Restaurant Agreement. These documents, collectively referred to as 'Other Agreements,' complement these Terms of Use unless explicitly stated otherwise within those agreements. In the case of any conflict, the provisions of the Other Agreements shall prevail.
14.10 Contact Information.
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
[email protected].
Topeka Restaurant Month Is Proudly Sponsored By:
Gold Sponsor
Silver Sponsor
Silver Sponsor
Bronze Sponsor
Bronze Sponsor
Special Thanks To:
Radio Sponsor
Print Sponsor
Gold Sponsor
Silver Sponsor
Silver Sponsor
Bronze Sponsor
Bronze Sponsor
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.
For questions, comments, or support, email us at:
Copyright © 2024 Stonecraft Media. All rights reserved.
Copyright © 2024 Stonecraft Media.
All rights reserved.
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