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 mug 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 mug. Mugs are subject to availability. Child and his/her parent/legal guardian must take possession of mug at time of award; mugs 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.