TERMS OF USE FOR WEB SITE

THIS IS NOT A SECURE SITE.

All features of our Web site, including the Bulletin Board Service (Service), are provided by Falls Food, Inc as a service to the Internet community. Much of the content of this site is provided by third parties who are not employees or affiliates of Falls Food, Inc.

Because Falls Food, Inc.does not undertake to screen or edit messages posted by users, we assume no responsibility for the accuracy, completeness or usefulness of information in user messages, and we do not endorse any opinions or recommendations posted by users. You should exercise discretion and skepticism before relying on information in these messages, since it may be incorrect or misleading. Users may pretend to be people that they're not. You rely on information posted by other users solely at your own risk.

The service is provided "AS IS" and "AS AVAILABLE," without warranty of any kind. Falls Food, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. We reserve the right to edit or remove any messages, or to terminate your membership and use of the service, at any time, without notice. The following actions, among others, may result in removal of messages and/or termination of your membership: (1) posting messages that include personal attacks, slurs or profanity, or that otherwise are intended to harass any other member of the community; (2) posting material, nonpublic information about companies, without the authorization to do so; (3) including third-party copyrighted information in posted messages (if such information is available on the Web, please post a link to such information rather than copying it into messages); and (4) providing false information on your registration form, or impersonating someone else.

You agree that upon posting information on the service, you grant Falls Food, Inc. and its successors and assigns a nonexclusive, worldwide, royalty free, perpetual license under your copyrights to use, distribute, reproduce and create derivative works from such information in any and all media, without any duty to account to you.

Any questions or comments regarding this or our editorial policy should be directed to [info@fallsfoodie.com]. Like our Web site, other Web sites to which this site may be linked operate under the auspices and at the direction of their owners, who should be contacted directly with questions regarding those sites.

The editors of the Service assure all users that we have not intentionally included viruses or "Trojan horses" on our site, and that we periodically check the site for any viruses, "Trojan horses" or similar programs. However, as most of the content of this site is provided by third parties who are not employees or affiliates of Falls Food, Inc., and over whom we have little or no control, we cannot offer any assurance that information downloaded from our Web site will not contain viruses, "Trojan horses" or similar programs. Before commencing any download from our site, you are instructed to utilize a virus scanning program to ensure that no viruses, "Trojan horses" or similar programs will be inadvertently written to your computer's hard drive.

Falls Food and FallsFood.com are trademarks of Falls Food, Inc. and the text herein is copyright 2009 by Falls Food, Inc.. All rights reserved.

These Terms of Use are governing by the laws of the State of South Dakota, and you agree to submit to the exclusive jurisdiction of the courts of the State of South Dakota with respect to any legal action arising under or relating to the Terms of Use.

PRIVACY POLICY

At http://FallsFood.com we respect and protect your privacy. Our site is a safe environment for anyone who visits and purchases. As a seller of information related products, we are also committed to providing you the best possible online service and experience as well as the best products. The purpose of this policy statement is to fully share with you:

• a complete description of what we collect;

• how we use that information;

• whom we share that information with;

• how you can change the information;

• how you can tell us not to gather any information about you.

What information does http://FallsFood .com collect, and how is it used?

When you visit the http://FallsFood.com Web site, we collect some basic information that does not identify individual users. This includes which pages are visited, types of products purchased, and any feedback from our visitors. We then aggregate this information with hundreds of thousands of other pieces of information to improve our site and make your experience on the site as valuable and efficient as possible.

Our site uses cookies to speed navigation, keep track of items, and provide you with custom tailored content. We also use cookies to remember information you gave us so you don't have to re-enter it each time you visit the site. By showing us how and when shoppers use the site, cookies also help us see which areas are popular and which are not. Many improvements and updates to the site are based on data such as total number of visitors and pages viewed.

Most browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies. You will still be able to view  http://FallsFood .com, but you will not be able to use any of our advanced features, such as drawings, sweepstakes, user posts, etc.

When you create an account with us, enter sweepstakes or contests, participate in one of our chat rooms, or sign up for one of our e-mail newsletters, you provide such personal information as:

• first and last name

• billing address

• shipping address(es)

• e-mail address

• phone number

• personal messages you post and

• product categories that interest you

We collect all or some of this information on the pages where you create your account and at other locations where you sign up for services such as newsletters, sweepstakes and contests. We use this information as follows:

• We fulfill your order based on this information.

• We provide you with information about your order (such as, whether your order has been received, processed, or shipped).

• If you participate in one of our chat rooms, you will be prompted to submit your name and where you are from (for example, "Jane from Sheboygan") and your question, but no other information is formally stored in the archive of the chat.

• We ask for your telephone number (but it is not required) in the event that our customer service representatives need to contact you and cannot reach you by e-mail. We save the information about products you purchased to provide you with the best possible customer service and the most up-to-date information about your order.

• We use your mailing address not only to ship your orders to you but also to tell you about special offers, products, or events available to http://FallsFood.com customers, that we think will interest you.

• We use your product category preferences to notify you about new releases when you sign up for e-mail newsletters in that area, and for purposes of drawings and sweepstakes.

With whom do we share information?

• WE RESERVE THE RIGHT TO SHARE YOUR INFORMATION WITH SWEEPSTAKES PARTICIPATING VENDORS AT OUR SOLE DISCRETION.

Information Disclosed to Strategic Partners with Membership/Rewards Programs

We may work with certain companies who, in conjunction with their own membership programs or rewards programs, require that we disclose purchasing information about their customers who visit the http://FallsFood .com site through links from the partner sites, We disclose only the information required to make these programs work and support your membership with them, which typically includes the name and/or e- mail address of the user.

How do I change, update, or correct personally identifiable information about myself?

If at any time you would like to change any information in your account, just change or update your e-mail address and password, billing address, payment options, shipping options, settings, address book, and general subscription preferences. Typically, this can be accomplished by logging into your account and then selecting the “Account” tab.  This will allow you to access your information in an edit screen.  Make the desired changes and save the changes by selecting “Update”.  Please note that the use of fictitious or obscene entries may result in the termination of your account without notice.

To unsubscribe from any announcement or newsletter, simply hit Reply to any message you receive and type the words "unsubscribe" and the particular subject in the subject field. If you would like to unsubscribe from all announcements and newsletters, just hit Reply to and type the words "unsubscribe all" in the subject field. Please reply to the e-mail using the e- mail address at which you have received mailings from us, and we will remove you from our list. If you have more than one e-mail address, please include the others in your e-mail.

Periodically you will be given an opportunity to notify us of your preferences for receiving notifications and special promotional offers from http://FallsFood .com. You can choose to receive news of these special promotional opportunities in addition to updates on site features and new services, or you can choose not to get them. Simply follow the instructions that are given to you at the time, and we will update our records accordingly.

Other

By using the http://FallsFood .com site, you consent to the collection and use of your information by http://FallsFood .com as described in this policy.

http://FallsFood .com fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to release information about members who we believe are in violation of our content guidelines. We also reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.

http://FallsFood .com wants you to be aware that when you click on links and/or ad banners that take you to third-party Web sites, you will be subject to the third parties' privacy policies. While we support the protection of privacy on the Internet, http://FallsFood .com cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement whenever interacting with any Web site.

http://FallsFood.com may update this policy from time to time; please check this page periodically for changes. By using this site, you signify your agreement to the http://FallsFood .com Privacy Policy.

We welcome comments and questions. Please contact us at info@fallsfoodie.com.

SWEEPSTAKES RULES

1. Eligibility. Sweepstakes are offered only in the States of South Dakota, Minnesota, Iowa, and Nebraska within a 100 mile radius of Sioux Falls, SD to legal United States residents at least 14 years of age. Employees and directors of Falls Food, Inc. (Sponsor), and its parents and subsidiary companies and the immediately family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of their same households (whether related or not) of such employees and directors are not eligible. By entering, you agree to these Official Rules and the decisions of the Sponsor, the Sweepstakes judging organization, which are final and binding in all respects.

2. Promotional Period.  This sweepstakes is an ongoing series of daily drawings (Monday through Friday), with individual entry required for each successive daily drawing. 

Sponsor, however, reserves the right to terminate the promotion by giving notice, deemed appropriate by Sponsor, but in no case less than two business days prior to the last drawing.

3. Entry.  To enter by Internet, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered) which may be used by Sponsor for the purposes of entry tracking. Access the Sponsor Web site at http://www.fallsfood.com. Complete the registration form for Web site membership (if you have not already registered) by filling out your full name, complete home address, including zip code, home telephone number (including area code), date of birth, gender, email address, how you heard about Sponsor, any other requested fields and follow the instructions at the Web site. If you are already registered with Sponsor, you may complete one (1) entry for each category daily, Monday through Friday by selecting which participating vendors in each category are of interest to you.  Each drawing day will begin at 12:00 am and will end at 11:59 pm on the day prior to the day of the drawing.  Monday drawings will be drawn from entries made on Friday, Saturday, and Sunday.  Unless otherwise advised on the Sponsor's Web site, any other attempt at Internet or e- mail entry is void. From time to time throughout any month Sponsor may offer additional Bonus entries for on-site activities, off-site activities (including activities occurring off the Internet) and activities available on selected associated Web sites. The number of Bonus entries available for any particular activity will be displayed next to the Bonus activity and stated as "Bonus" along with a description or link to a description of any related conditions or limitations. Each time you participate in the Bonus activity you will receive the number of Bonus entries displayed in the applicable prize drawings. However, there may be activities, which due to technical or practical considerations will not be able to be credited to the day's entries in which the activity was undertaken. Any such activity will be credited to the next day's Bonus entries.

4. Drawing. All winners for any drawing will be selected by random drawing from all eligible entries received for that drawing as follows: for each category, one participating vendor within that category shall be selected at random; one winner shall be selected at random from all eligible entries which selected the participating vendor.  If no eligible entries selected the participating vendor, that participating vendor shall be discarded for the specific drawing and the process will be repeated until an eligible entry s selected as a winner.  There will be one drawing per category per day, Monday through Friday.

Sponsor reserves the right, however, to increase the number of daily winners per category to between one (1)  and ten (10) for any category for any day.   The number of category winners to be drawn in any particular day shall be at the sole discretion of the Sponsor and disclosed on the site at the beginning of each day in which more than one winner is to be awarded.

To be eligible for a daily drawing, Internet entries must be received between 12:00 a.m. Central Time the day prior to the drawing and 11:59 p.m. Central Time on the day prior to the drawing.  

Entries for any daily drawing will not be carried forward to any subsequent daily drawing.  The Sponsor at its sole discretion may award weekly winners.  If a participant has 3 or more  eligible daily entries for any category all of that participant's daily entries in that category will be included in the weekly drawing for the week in which they were eligible.   Weekly drawings will take place on or about the first day following the last day of the week.   Entries accumulated toward any weekly drawing, however, will not be carried forward toward any subsequent weekly drawing.

Winners of any drawing will be notified by e-mail, telephone, overnight carrier, or regular mail within approximately three  days of the drawing. Drawings will be conducted under the supervision of the Sponsor.

5. Prizes/Odds.

(a) Daily Prizes. (one for each week day per category). A gift card or certificate paid by the participating vendor to the prize winner.  The gift card or certificate has no cash value.  The sponsor may at their sole discretion provide a gift card or certificate from a participating vendor or a substitute vendor as an alternate award.

(b) Odds of Winning. Odds of winning in any drawing depend on the number of eligible entries received for that drawing. No assignment, transfer or substitution of prize is permitted. Taxes are the sole responsibility of winner.

6. General Conditions.

(a) WHERE PERMITTED BY LAW, WINNER (AND IN THOSE INSTANCES WHEN INTERIM DRAWINGS HAVE TAKEN PLACE, POTENTIAL WINNERS WHO HAVE BEEN SELECTED IN THE INTERIM DRAWINGS) AGREES TO GRANT TO SPONSOR AND ITS LICENSEES, AFFILIATES AND ASSIGNS, THE RIGHT TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION AS NEWS OR INFORMATION AND FOR ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION; AND FURTHER WITHOUT SUCH ADDITIONAL COMPENSATION, APPEAR FOR, OR PROVIDE BIOGRAPHICAL INFORMATION FOR USE IN, ANY PRESENTATION OR OTHER ACTIVITY WHICH MAY INCLUDE FILMING/AUDIO/VIDEO/ELECTRONIC OR OTHER RECORDINGS AND/OR INTERVIEWS, AS MAY BE DETERMINED FROM TIME TO TIME BY SPONSOR.

(b) Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity. Further, by accepting a prize, each winner agrees to release and hold harmless Sponsor, its licensees, and their respective parents, affiliates, subsidiaries, advertising and promotional agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes. Void where prohibited.

(c) Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Web site; to be in violation of the Terms of Service of the Web Site; to be acting in violation of these Official Rules; or to be acting in a nonsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

(d) Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e- mail address.

(e) Sponsor will prosecute any fraudulent activities to the full extent of the law.

7. Limitations of Liability.

(a) Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and 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 the Web site.

(b) Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Web site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Internet portion of this Sweepstakes for any drawing(s) and select the winner from regular mail-in entries and Internet entries received for that drawing prior to the action taken.

(c) IN NO EVENT WILL SPONSOR, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED ACOMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF SPONSOR'S WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Disputes. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Sioux Falls  and State of South Dakota  having competent jurisdiction, which Court shall apply the laws of the State of South Dakota without regard for principles of conflicts of law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out- of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

9. Winners' List. For names of the daily winners send a self-addressed stamped envelope for receipt by the fifth day of the month for the prior month's daily winners to Sponsor at {Falls Food, Inc., P.O. Box 2043, Sioux Falls, SD 57101}.  For Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" The names of winners will also be posted at http://www.fallsfood.com. This Sweepstakes is sponsored by Falls Food, Inc, a corporation organized and existing under the laws of the State of South Dakota  with a mailing address of : Falls Food, Inc., P.O. Box 2043, Sioux Falls, SD 57101.

10. Rule Changes, Modifications, and Amendments.  The Sponsor may at its sole discretion change, modify, or amend these rules from time to time.  The Sponsor shall post the changes, modification, or amendments on its website two business days prior to their effectivity.