Please read this Agreement carefully. Since the Service is designed to provide our customers the primary means of communication with Dream Dinners, Inc., of information, opinions and comments, and an enjoyable and informative experience for all, it's users must abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules.
If you do not agree with the rules contained in this Agreement, please do not use our Service.
The following rules may be modified by Service Provider from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it's wise to check this page regularly.
Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider's other remedies.
1. Use of the Service by You
- Your right to use the Service is personal to you: You may not authorize others to use the Service in a manner which conflicts with these Terms, and you are responsible for all of your own use of the Service.
- You agree that the Service shall be used for lawful purposes only and that you will not use any obscene, indecent or offensive language, or place on the Service any material that infringes in any way on the rights of others, or is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.
- Other than connecting to Service Provider's servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
- You agree that you shall not upload, post, or otherwise make available to the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any uploading, posting or submission.
- The Service contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. The Service Provider owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material from the Service will be permitted without the express, written consent of the Service Provider and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- You agree upon registration with the Service to provide the Service with accurate and complete name and e-mail address information, and to promptly update this information from time to time as needed.
- Postings or e-mails are not private. All other information and material you supply or communicate to the service is governed by the Service's, which is accessible at any time from the bottom of any page on the Service.
- You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or material on, or associated with, the Service.
- You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
If you believe that your work has been copied and is accessible on the DreamDinners.com service in a way that constitutes copyright infringement, or that DreamDinners.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Dream Dinners by providing Dream Dinners copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act., 17 U.S.C. §512.
Any claims of copyright infringement on or regarding this Web Site should be sent to Dream Dinners Designated Agent to receive notification of claimed infringement: Dream Dinners, Inc., Legal Department 1323 Ave D #889, Snohomish, WA 98291.
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising though your use of Service.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS.
SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Dream Dinners® gathers two types of information about users:
* Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to receive periodic promotions, to email a friend, to receive information from our trusted partners and from participation in contests, sweepstakes, polls and surveys.
* Information Dream Dinners® gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to customers' needs and better understand the demographics of our customers. Under no circumstances does Dream Dinners® divulge any information about an individual user to a third party, unless a user has opted in to allow sharing of information.
Dream Dinners® Gathers User Information In The Following Processes:
1. Electronic newsletters policy and email promotions
We offer a free electronic newsletter and periodic email promotions to users. Dream Dinners® gathers the email addresses of users who are registered on our site. Users may remove themselves from this mailing list by following the link provided in every newsletter or email promotion that points users either to the subscription management page or the unsubscribe link.
2. "E-mail this to a friend" policy
Our site users can choose to electronically forward a link, page, or documents to someone else by clicking "e-mail this to a friend". The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.
3. Contests, Sweepstakes and Promotions
Dream Dinners® may occasionally conduct contests and sweepstakes in conjunction with its trusted partners for an opportunity for users to win prizes. The user must provide their email address and other contact information as needed for the particular contest or sweepstakes. This information is used in accordance with the rules applicable to such sweepstakes, contest or promotion. You should carefully review the rules of each sweepstakes, contest, and promotion in which you participate through the Site, as they may contain additional important information about Dream Dinners'® or a sponsor's use of your Personal Information.
We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. Dream Dinners® may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
Dream Dinners® may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners. We never share any personally identifiable information gathered as part of these surveys.
To the extent that the terms and conditions of such rules concerning the treatment of your Personal Information conflict with this Policy, the terms and conditions of such rules shall control. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions or email promotions when we think subscribers might be particularly interested in something we are doing.
When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas, we do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don't track which terms a particular user enters.
Dream Dinners® operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include:
* Opting not to register to receive our electronic newsletters and email promotions or other newsletters and promotions from our trusted partners.
* Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users
Important: Please read these rules before entering this contest (the "Contest").
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below. NO PURCHASE NECESSARY TO ENTER OR WIN.
1. General Information.
2. Contest Sponsorship. This Contest's sponsor is as described in Section 1 above ("Contest Sponsor" or "Sponsor"). Any information you provide in connection with the Contest is to the Contest Sponsor. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. You understand that you are providing your information to Sponsor and not to Facebook, Instagram or Twitter.
3. Eligibility. THIS CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW) AND WHO HAVE A VALID FACEBOOK, INSTAGRAM AND/OR TWITTER ACCOUNT. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN ANY PRIZES AND DREAM DINNERS, INC. RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. If you have an APO or FPO mailing address, you must identify your state of permanent residence. To be eligible to win a prize, entries must be completed and received by Dream Dinners in the manner and format described below. Employees, officers and directors of Contest Sponsor, its franchises or licensees, their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies and the immediate families or members of the same household of such employees, officers, and directors are not eligible to enter. All applicable federal, state, and local laws and regulations apply. Offer void where prohibited by law.
4. Entry. During the Contest Period, you may enter the Contest by uploading a photo to Facebook, Instagram or Twitter that relates to one the three categories described below:
Your photo must be accompanied by the following three things. Failure to include all three will result in no entry into the Contest:
5. Conditions of Photo Content Submission. By entering, you warrant that your entry (1) is original and does not infringe the intellectual-property rights of any third party, (2) has not been published in any medium, (3) has not won an award, and (4) does not contain any information, photograph, or video or another person from which you have not obtained consent ("Entry"). Only one entry is permitted per day. Participants do not receive multiple entries for the same photo posted on different social media channels. Multiple entries are permitted, provided that each entry must be a unique photo. Obscene, provocative or otherwise inappropriate content will not be considered. Sponsor retains sole discretion as to what constitutes inappropriate content.
6. Copyright Assignment. Each submitted photo becomes the exclusive property of Sponsor, and may be used by Sponsor for marketing and promotional purposes, and Sponsor shall have the exclusive authority to remove or retain entries and to repost on any of Sponsor's websites or social media sites (such as Sponsor's Facebook page). By entering the Contest, you agree that your Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then you irrevocably assign and transfer to Sponsor all of your right, title and interest in and to your photograph and accompanying narrative, including all but not limited to all copyright and trademark rights which you may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, you shall execute and deliver any additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "moral rights of authors" waived under these Official Rules. If Sponsor fails to request an assignment, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.
7. Selection of Winners. Three total Winners will be selected, one in each of the three categories, by Dream Dinners employees based on the following criteria:
Sponsor will notify each Winner via either a phone call or email using the contact information associated with the Winner's social media account. Every effort will be made to contact the Winners directly before posting publicly on a social media platform. Winners must respond within 7 business days of being notified of the prize may be forfeited and another Winner may be chosen.
Each Winner must satisfactorily complete an affidavit of eligibility showing compliance with these Contest Rules, and each winner must also sign a liability and publicity release, allowing Sponsor to use his or her information for advertising or other purposes. Failure to complete these forms may result in forfeiture of the prize. In the event that the potential winner is disqualified for any reason, the Sponsor may select an alternate potential winner by random drawing from among all remaining eligible entries.
8. Prizes. Three winners, one from each category described above, will win a Dream Dinners e-gift card valued at approximately $100.00, good at any Dream Dinners store location. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Dream Dinners reserves the right to substitute a Prize of comparable or greater value for the Prize. No other substitutions or exchanges (including for cash) of the Prize will be permitted. Prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizes will be fulfilled approximately two (2) to four (4) weeks after notification of the Prize winner. Prizes will be delivered via an email containing the e-gift card.
9. Disclaimer. Dream Dinners and any other participating sponsors, including their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Dream Dinners or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
10. Release of Liability. By entering the contest, you release Dream Dinners, its parent, affiliates, subsidiaries, officers, directors, agents, employees, all Released Parties, and all others associated with the development, production, implementation, and distribution of this Contest, from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Contest grants Dream Dinners an exclusive, irrevocable, unlimited, worldwide, perpetual, sublicensable license and right to use winner's name, social media name(s), likeness, persona, hometown, and/or Prize information in all media now known or later devised for all purposes Dream Dinners deems appropriate - including, without limitation, for promotional and publicity purposes - without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, Winner and anyone appearing in Winner's Entry, may (in Dream Dinner's sole discretion) be required to execute a written consent, confirming Dream Dinner's right to use the name, social media name(s), likeness, persona, hometown, and/or Prize information of Winner or the person/people in Winner's Entry, without further permission or compensation.
12. Additional Terms. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this Contest for any reason. Sponsor reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest. Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law.
13. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the Washington State Court, for the city of Snohomish; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
14. Winners List or a Copy of the Official Rules. To obtain a list of the Winners or a copy of the Official Rules, send a self-addressed, stamped envelope with your request by the Contest End Date as described in Section 1 above to the "Sponsor Mailing Address" as described in Section 1 above, attention: "2016 Back in the Habit."
Dream Dinners Content is provided on an "as is" and "as available" basis. Dream Dinners Inc. gives no warranty of any kind in relation to our Feed or our Content and we disclaim all implied warranties, including, but not limited to, satisfactory quality, fitness for purpose, non-infringement, compatibility and accuracy.
Our Dream Dinners blog may contain nutritional news and data, supplied for general information purposes only. The materials contained within these blogs or our websites do not constitute medical advice, which should be sought from qualified medical advisers. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
The Dream Dinners Blog contain links to external web sites. In no event shall Dream Dinners, Inc. be responsible for the content, accuracy or opinions expressed in these web sites. These web sites are not monitored or checked for accuracy or completeness by us. Inclusion of web sites linked to via content and links in our site does not imply approval or endorsement of the linked web site by us. If you decide to leave our web site and access these third-party sites, you do so at your own risk.
The material displayed on our blogs is provided without any guarantees, conditions or warranties as to its accuracy. All title, ownership rights and intellectual property rights shall remain the property of Dream Dinners, Inc.
Re-production of Content on Other Websites
Any Dream Dinners content placed on your Site (web site, blog, comment, post, etc.) must be accredited to Dream Dinners Inc., with links placed to the original article on our blogs or websites. You are permitted to display the following on your Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it:
Our Content may only be placed on Sites which:
Images are the copyright property of Dream Dinners Inc., or respective third party company. Images cannot under any circumstance be copied, saved, used, and/or edited, without written consent of Dream Dinners, Inc.You (the user) agree Dream Dinners, Inc cannot be held liable/accountable for any problems or loss arising from any widgets, gadgets, software, devices and any such application regardless of whether Dream Dinners, Inc has added input into such application.