Terms and Conditions
Terms and Conditions of Use
By using or downloading information from this web site, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree, do not use or download materials from this web site.
This web site is owned by BP International Rights Holdings Inc., a British Columbia Company, (“BP Holdings”) and operated by Boston Pizza Restaurants, LP, a Delaware limited partnership (on this web site sometimes referred to as “Boston’s”).
Copyright and Restrictions on Use
The materials on this web site as well as its layout, organization and design are copyrighted and are protected by worldwide copyright laws and treaty provisions. Material from this web site (“Materials”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Boston’s and/or BP Holdings (except you may download one copy of Materials for your personal, non-commercial internal use). Modification or use of Materials for any other purpose violates copyright, trademark, and other laws. Except as otherwise described, all Materials on this web site are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of Materials from this web site and shall remain with BP Holdings who owns full and complete title to all Materials on this web site.
All remarks, suggestions, ideas, graphics, data, questions or other information communicated through this web site or through electronic mail (together, a “Submission”) shall be owned by BP Holdings. BP Holdings will not treat any Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and neither it nor Boston’s or any of their affiliates will incur any liability as a result of any similarities that may appear in future Boston’s operations. Without limitation, BP Holdings will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. BP Holdings and its licensee Boston’s will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not BP Holdings or Boston’s or their affiliates, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INFORMATION, TEXT, GRAPHICS AND LINKS AND OTHER ITEMS CONTAINED IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, UNINTERRUPTED SERVICE, DEFECTS OR HARMFUL COMPONENTS. NEITHER BOSTON’S, BP HOLDINGS, NOR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. INFORMATION WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BP HOLDINGS AND/OR BOSTON’S RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE, AT ANY TIME, WITHOUT NOTICE.
Limitation on Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL BOSTON’S, BP HOLDINGS OR THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, FOR ANY LOST REVENUES OR PROFITS, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR REFERRED TO ON THIS WEB SITE, EVEN IF BOSTON’S, BP HOLDINGS OR THEIR AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For your convenience, this web site may contain links to other web sites that may be of interest to you. Neither BP Holdings nor Boston’s is responsible for the content of any linked web sites or any link contained in a linked web site including the Canadian Web Site (see definition below). BP Holdings and/or Boston’s reserves the right to terminate any link or linking program at any time. The inclusion of any link to such web sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by either Boston’s or BP Holdings of the linked web sites, or any products or services provided by such web sites. If you decide to access any of the web sites linked to this web site, you do so entirely at your own risk.
Canadian Web Site
This web site includes hyperlinks to the web site of Boston Pizza International Inc., a Canadian corporation (“BPI”), linked by the words, including but not limited to, “Canadian” or “Canadian Opportunities” (the “Canadian Web Site”). The Canadian Web Site is owned, operated and under the control of BPI and not of Boston’s. The Terms and Conditions for the use of the Canadian Web Site are set forth in the Terms and Conditions area of the Canadian Web Site.
When you send us email from this web site, you will provide us with certain personally identifiable information including your email address. At anytime, if you wish to no longer receive correspondence via email, please contact us via the address listed on our site under the “Contact” link.
Copyright and Trademark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trademark or other intellectual property right of BP Holdings or any other party. The Boston’s name and logos displayed throughout this web site and all related products and service names are the tradenames, trademarks, service marks or registered trademarks of BP Holdings and duly licensed by Boston’s. Any reproduction of any of these marks without the express written consent of BP Holdings is strictly prohibited. All other trademarks are the property of their respective trademark owners.
None of the communications made through this web site should be construed as an offer to sell any Boston’s The Gourmet Pizza franchises in, nor is any such communication directed to, residents of any jurisdiction requiring registration of the franchise before it is offered and sold in that jurisdiction. No Boston’s The Gourmet Pizza franchises will be sold to any resident of any such jurisdiction until the offering has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required Franchise Disclosure Document (in the case of residents of the U.S.A.) or other Disclosure Statement (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you should have any questions concerning the registration status of Boston’s The Gourmet Pizza franchises in your jurisdiction, please contact firstname.lastname@example.org.
The materials on this website are for general information only and are not intended as an offer to sell or the solicitation of an offer to buy a Boston’s Pizza franchise. Certain states and countries regulate the offer and sale of franchises. If you are a resident of one of these states or countries, we will not offer you a franchise unless and until we have complied with all applicable registration and disclosure requirements.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Governing Law and Venue; Miscellaneous
These Terms and Conditions will be governed and construed pursuant to the laws of the Province of British Columbia, Canada, notwithstanding any principles of conflict of laws or choice of law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, for any litigation arising out of or relating to the use of this web site, waive any objection to the venue of any such litigation in the British Columbia courts and agree not to plead or claim in any British Columbia court that such litigation brought therein has been brought in an inconvenient forum. This is the entire agreement between you and BP Holdings and Boston’s relating to the use of this web site. Either BP Holdings or its licensee Boston’s can revise these Terms and Conditions at any time by updating this posting.
Copyright © BP International Rights Holdings Inc., 2010 All rights reserved.
Internet & Text Contests
INTERNET/TEXT CONTEST RULES AND LEGAL DISCLAIMER
Boston Pizza Restaurants, LP, d/b/a Boston’s The Gourmet Pizza® (“Boston’s”), reserves sole and final judgment as to all matters concerning contests, promotions or offers (“Contest” or “Contests”) and interpretation of Contest rules.
By entering any Contest on the Boston’s website, you agree to abide by the following terms:
How To Enter/Eligibility
No purchase is necessary to enter our Contests.
Only one (1) Contest entry per person, per Contest.
The number of winners for each Contest shall be determined by Boston’s, and described in the specific Contest’s rules.
Contestants must be over 18 years of age.
Entries must be sent using the formats provided and sent to the correct texting codes, email addresses or other address provided by Boston’s.
Keep your email address current. If Boston’s is unable to contact you via e-mail, you may forfeit your status as the winner of the applicable Contest.
Exclusions may apply. See specific internet or text-based Contest rules, or any participating Boston’s restaurant for further details.
Each Contest has its own deadline, which will be described in the specific internet or text-based promotion approved by Boston’s.
All entries must be submitted on or before midnight on the date set forth for each specific Contest.
Winner Selection and Notification
The odds of winning may vary from Contest to Contest due to the number of entrants.
Winners are chosen completely at random.
All Contest winners will be notified by e-mail or text message only.
The decisions regarding the rules of each Contest and the drawing of winners of each Contest are within the sole discretion of Boston’s.
If a winner cannot be reached after a reasonable amount of effort has been made to notify the winner of the Contest, the winner forfeits his/her rights to the Contest’s winning prize.
If an email returns undeliverable, Boston’s will try to contact winners by phone, mail or other reasonable means. If no contact has been made within 21 days of the winning announcement, winner forfeits his/her rights to the prize.
Contest is void where prohibited by law.
All taxes on any prize won is the sole responsibility of each winner, including, without limitation, any federal, state, or local taxes, which may be deemed applicable in such winner’s jurisdiction of residence.
All prizes will be mailed to U.S. participants free of charge.
Boston’s reserves the right to cancel Contests at any time.
Boston’s reserves the right to modify the Contest rules at any given time, including the extension of deadlines.
Contest(s) shall be governed by the laws of the State of Texas, without regard to conflicts of law principles.
Consent and Release
By entering the Contest, each entrant releases and discharges Boston’s, judging organization (if applicable), and any other party associated with the development or administration of this Contest, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Released Entities”), from any and all liability whatsoever in connection with this Contest, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).