Restrictions on Certificate Barcode and these Terms constitute Terms and Conditions of
offer. Limit one Kabuki Kids® registration per child (twelve (12) and under). Limit one (1)
certificate barcode and one (1) Lucky Cat Mini Plush Key Chain per child per calendar
year. Certificate good for recipient child only. Register your child either in-store by
visiting any participating Benihana location or on-line/email (NOT both). In accordance
with the privacy policy of Benihana.com, a child CANNOT register for the Kabuki Kids®
program for him/herself. THE CHILD’S PARENT/LEGAL GUARDIAN MUST REGISTER
FOR HIM/HER. For the avoidance of doubt, the preceeding applies to in-store
registration as well as on-line/email registration for the Kabuki Kids® program. For in-
store registrations, valid U.S. street address required (no P.O. Boxes). For on-line/email
registration, parent/legal guardian must be registered with ‘The Chef’s Table’ program.
In all cases, purchase of a kids or adult meal is required for child to receive Birthday
Lucky Cat Mini Plush Key Chain. Present certificate to wait staff prior to ordering;
certificate will not be honored and redeemed for Lucky Cat Mini Plush Key Chain any
time after payment of guest check. Benihana National Corp. (Sponsor) is not
responsible for lost or deleted certificates, regardless of cause. Sponsor does not for
any reason extend or change expiration dates on certificates. Certificates must include
the first and last name, date of birth, barcode and expiration date of recipient (child).
Paper certificates must be original; copies will NOT be accepted. Reservations for
birthday parties must be made in advance and must include a party of eight with at least
two children under the age of 12 dining to receive the offer. Maximum of eight (8) Lucky
Cat Mini Plush Key Chains per birthday party. In all cases, purchase of a kids or adult
meal is required for child to receive the Lucky Cat Mini Plush Key Chain. Benihana
National Corp. (Sponsor) can determine availability for the offer at its sole discretion.
Benihana National Corp. (Sponsor) is not responsible for any typographical or other
error in the printing, the offering or the announcement or administration of offer or
Kabuki Kids®, whether caused by computer, technical or human error. Children of
employees of Sponsor and their immediate families (defined as parent, child, sibling and
spouse) are NOT eligible to participate in offer; but, such persons may register for
Kabuki Kids® No group or organization requests will be accepted. Decisions of Sponsor
regarding offer (including eligibility, Certificate redemption and interpretation of Terms
and Conditions) and Kabuki Kids® are final and binding; Sponsor reserves the right to
refuse to honor Certificate and refrain from distribution of Lucky Cat Mini Plush Key
Chain without liability of any kind if Sponsor determines in its sole discretion that
participant is not in full compliance with Terms & Conditions (including but not limited to
age, Certificate/submission that is illegible, damaged or incomplete). The preceding
includes but is not limited to a child who is determined by the Benihana restaurant
location to be acting in an inappropriate or anti-social manner (such as, bothering other
guests). By participating in offer and/or registering for Kabuki Kids® parent/legal
guardian agrees on behalf of himself/herself and child to release and hold harmless
Benihana National Corp., its advertising and promotion agencies and their respective
parent companies, subsidiaries, affiliates, partners, representatives, agents,
successors, assigns, employees, officers, shareholders and directors, from any and all
liability, for loss, harm, damage, injury, cost or expense whatsoever including without
limitation, property damage, personal injury and/or death which may occur in connection
with, preparation for, travel to, or participation in offer or Kabuki Kids® Benihana
National Corp. makes no warranty, representation or guarantee of any kind regarding
the Lucky Cat Mini Plush Key Chain. Lucky Cat Mini Plush Key Chains are subject to
availability. Child and his/her parent/legal guardian must take possession of Lucky Cat
Mini Plush Key Chain at time of award; Lucky Cat Mini Plush Key Chains will not be
stored or held by Benihana restaurant location.
Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or
incorrect transmissions/Certificates, incorrect announcements of any kind, technical
hardware or software failures of any kind, any damage to any person’s computer related
to or resulting from submitting information online to receive Certificate or dissemination
of Certificate, registration for Kabuki Kids® undeliverable mail, or lost or unavailable
network connections, or failed, incomplete, garbled or computer transmission that may
limit a user’s ability to participate in offer and/or Kabuki Kids® whether caused by
mailing facility, computer, technical or human error. Sponsor reserves the right, in its
sole discretion, to cancel, terminate, modify, extend or suspend this offer and/or Kabuki
Kids® should (in its sole discretion) virus, bugs, non-authorized human intervention,
fraud or other causes beyond its control corrupt or affect the administration, security,
fairness or proper conduct of the offer and/or Kabuki Kids®. And, in such event,
Sponsor’s liability shall be limited to those Certificates distributed by Sponsor prior to
such action being taken by Sponsor as per these Terms and Conditions (provided that
such Certificates are redeemed in full accordance with Terms and Conditions). Notice of
such action by Sponsor will be posted on Benihana.com. Sponsor reserves the right to
disqualify or prohibit the participation of a child in offer and/or Kabuki Kids® if fraud or
tampering is suspected, or if the child or his/her parent/legal guardian fails to fully
comply with any requirement of participation or with any provision in these Terms and
Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE www.benihana.com
INCLUDING BUT NOT LIMITED TO KABUKI KIDS® OR UNDERMINE THE
OPERATION OF THIS OFFER AND/OR KABUKI KIDS® IS A VIOLATION OF
CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY
AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS
TO THE FULL EXTENT PERMITTED BY LAW.
Any dispute, claim or cause of action arising under this offer, Kabuki Kids® or these
Terms and Conditions shall be brought in the federal or state courts of Delaware, and
such courts shall apply the internal, substantive law of Delaware in adjudicating any
such dispute/claim/cause of action. To the fullest extent permitted by law, by
participating, you agree (a) to the jurisdiction of such courts; (b) to bring any action
individually (NOT as part of a class action); (c) that in any such dispute/claim/cause of
action, your recovery shall be limited to actual out-of-pocket costs incurred (if any), with
any right to special, indirect, incidental, consequential, punitive or other damages and/or
attorneys’ fees being waived.
SPONSORED BY: BENIHANA NATIONAL CORP., MIAMI, FL 33178.