Terms of Use

TERMS AND CONDITIONS OF USE

Please read these Terms carefully before using Loew-Cornell.com. By using Loew-Cornell.com, you agree to these Terms of Use. If you are not agreeable to these Terms of Use, you should not use Loew-Cornell.com.

Restrictions on Use of Materials

You acknowledge that this site may contain information, photos, text, images and other material and services (collectively "Content"), which are generally provided by Loew-Cornell, Inc., its parent company or its subsidiaries (collectively "L-C") or by licensors of L-C. You agree and acknowledge that, notwithstanding that L-C permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part except for non-profit personal or classroom educational purposes. No other use may be made of the content without the express written permission of L-C.

Third Party Property

You agree that you may upload to or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. By submitting Content to The Community Gallery you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that L-C does not screen Content, but that L-C shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content. L-C shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms. You acknowledge and agree that L-C may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety L-C, the users of this site, and the public.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall L-C be liable for any special, direct, indirect, punitive or consequential damages that result from the use of, or the inability to use, the materials in this site, even if L-C or a L-C authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall L-C's total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Disclaimer

The materials in this site are provided "as is" and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, L-C disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. L-C does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. L-C does not warrant or make any representation regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not L-C) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.

Unsolicited Submissions

L-C welcomes comments regarding its products and services. However, L-C's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid possible misunderstandings when projects developed by L-C may appear similar to someone else's creative work. Please do not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific and limited in your comments on those services and products and do not submit any creative ideas, suggestions or materials. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of L-C. None of the Information shall be subject to any obligation of confidentiality on the part of L-C and L-C shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

DRAWING OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN: To enter, log onto: www.loewcornell.com and complete the online survey to be entered in the drawing.

SPONSOR: The Drawing is sponsored by Loew-Cornell, Inc., 400 Sylvan Avenue, 2nd Floor, Englewood Cliffs, New Jersey 07632 (Sponsor).

ELIGIBILITY: The Loew-Cornell Drawing (the Drawing) is open only to legal residents of the fifty (50) United States (including the District of Columbia) and Canada age 18 or over at time of entry. Employees of Jarden Corporation its affiliates and subsidiaries, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Drawing is subject to federal, state, and local laws and regulations and is void where prohibited by law.

The Drawing is intended for viewing in the fifty (50) United States and the District of Columbia only and shall only be construed and evaluated according to the laws of the State of New Jersey.

Each person may only enter the Drawing one time and an entrant may only win one time and receive a total of one prize per household address, email address, and/or person residing in the same household.

ENTRY PERIOD: The Drawing begins at 12:00 a.m. Central Time (CT) on Feb 1, 2008, and ends at 11:59 p.m. CT on March 1, 2008 (the Drawing Period). Entries submitted prior to or after the Drawing Period will be automatically disqualified.

HOW TO ENTER THE DRAWING:

* Complete the on-line survey in its entirety.

All entries become the property of Sponsor. Receipt will not be acknowledged. Sponsor is not responsible for late, lost, stolen, misdirected or illegible entries. Sponsor is not responsible for technical or computer failures, errors or data lost for any kind, lost or unavailable Internet connections, or failed, incomplete, garbled or deleted computer transmissions, inability to access any Website or on-line service, or any other malfunction.

By entering, participants agree to forfeit to Sponsor all rights to the recipe by unconditionally assigning and transferring to Sponsor all right, title, interest and claim to the entries or any element(s) thereof including the copyright. Sponsor reserves the right to edit, adapt, copyright and publish any and all entries, and may use the entries in any media without attribution or further compensation to entrant.

Sponsor is not responsible for typographical errors, omitted ingredients or any other errors in recipes submitted by entrants. Entries not complying with all rules are subject to automatic disqualification.

AGREEMENT TO OFFICIAL RULES: Participation in the Drawing constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which is final and binding. Winning a prize in this Drawing is contingent upon fulfilling all requirements set forth herein.

WINNERS: Potential winners will be picked by a random drawing of all entrants and notified by phone, mail/or e-mail after April 1, 2008.

PRIZES: Twenty-Five (25) Prizes: The twenty-five winners will receive a Loew-Cornell Product package. Approximate Retail Value: $50.00

Prizes are not transferable or refundable and must be accepted as awarded. No substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or any component thereof) with another prize (or component thereof) of equal or greater value if a prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners are responsible for any and all taxes and fees associated with receipt or use of a prize. Winners grant Sponsor the right to use their names, images, likeness, voices and biographical materials, as well as winners entries for advertising, publicity, and promotion purposes including without limitation, online announcements, without additional compensation, unless prohibited by law. Prizes must be redeemed within one (1) year.

REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, the potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the Affidavit/Release) within seven (7) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place according to the above criteria.

GENERAL CONDITIONS: In the event that the operation, security, or administration of the Drawing is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Drawing to address the impairment and then resume the Drawing in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual they find to be tampering or have been tampering with the entry process or the operation of the Drawing or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Drawing may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsors failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

If for any reason this Drawing is not capable of running as planned due to infection by computer virus , bugs, tampering, unauthorized intervention, fraud, electrical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Drawing. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Drawing. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Loew Cornell on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Drawing or downloading any materials in this Drawing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING IS A VIOLATION OF CRIMINAL and CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared to be the authorized account holder of the e-mail address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Drawing, entrants agree to release and hold harmless the Sponsor, and their respective officers, directors, employees, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Drawing or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Drawing; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Drawing or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Drawing or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the actual out-of-pocket cost and expenses actually incurred to participate in the Drawing, and in no event shall the Released Parties be liable for attorneys fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Except where prohibited, entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Drawing or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

WINNERS LIST: Winners names will be available after April 15, 2008 and posted at www.loewcornell.com.

Jurisdictional Issues

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United States, its territories, possessions and protectorates. L-C may change, add or delete programs described in this Web site at any time without notice. This site is controlled and operated by L-C from its offices within the State of New Jersey, United States of America. L-C makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all L-C site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from L-C if in L-C's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other L-C site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.