Ted's Montana Grill

TED'S MONTANA GRILL
Search for Ted's Burger FANatics
Contest

Thank you for participating in the Ted's Montana Grill "Search for Ted's Burger FANatic Contest". Individuals from around the United States are invited to show their creativity and explain why they are a FANatic about Ted's Montana Grill burgers by uploading an original, never-before-published essay, poem, song, video, poster, artwork, or other demonstration of fervor for Ted's Montana Grill burgers. Judges will evaluate entries based on the following criteria: (1) visual or written appeal; (2) portrayal of why the Entrant is a true Ted's Burger FANatic; and (3) originality and creativity.

The first place prize is a new 2009 Toyota Prius. The second place prize is a trip for two (2) to Bozeman, Montana. The third place prize is a year's supply of Ted's Montana Grill gift cards. Each entrant who submits a qualifying entry, however, will be awarded a certificate valid for a free burger at a Ted's Montana Grill restaurant location!

Entries must be submitted to this website no later than March 31, 2009 at 11:59 PM Eastern Standard Time (EST). Please click here for official rules and conditions of the Ted's Montana Grill "Search for Ted's Burger FANatic Contest".

TED'S MONTANA GRILL
SEARCH FOR TED'S BURGER FANATIC CONTEST
OFFICIAL RULES

The Ted's Montana Grill "Search for Ted's Burger FANatic Contest" (the "Contest") is subject to the following rules and conditions (the "Official Rules"):

CONTEST SPONSOR: Ted's Montana Grill, Inc.

NO PURCHASE IS NECESSARY TO ENTER OR WIN, AND NO OBLIGATION OF ANY KIND IS IMPLIED. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PARTICIPATION CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. Toyota Motor Corporation and its subsidiaries, affiliates or dealerships are not sponsors of this Contest.

ENTRY PERIOD

The Contest begins on March 1, 2009 at 12:00 a.m. Eastern Standard Time and ends on March 31, 2009, at 11:59 p.m. Eastern Standard Time (the "Contest Period"). Entries must be received within this time period to be considered for prizes.

ELIGIBILITY

The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who satisfy the following criteria (the "Eligibility Criteria"): (a) those who are, as of the date of entry, at least eighteen (18) years of age and have entered a valid e-mail address and with Internet access at the time of entry; and (b) those who are not officers, directors, employees, independent contractors, agents or representatives (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings, and those who are Household Members of each such individuals) of Sponsor and its respective parent companies, affiliates, subsidiaries, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of the Contest (all of the above, together with the Sponsor, collectively referred to as the "Promotion Entities"); "Household Member" shall mean people who share the same residence at least three (3) months a year (whether related or not). All federal, state, and local laws and regulations apply. In addition to meeting the foregoing eligibility criteria, each Entrant (as defined herein) must also satisfy the remaining conditions of participation and general terms set forth in these Official Rules in order to remain eligible to participate in the Contest. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who is ineligible under these Official Rules.

HOW TO ENTER

Eligible persons (each an "Entrant") can enter the Contest by logging on to www.tedsmontanagrill.com (the "Contest Website") and:

Completing the entry form located on the Contest Website;
Uploading an original, never-before-published essay, poem, song, video, poster, artwork, etc., that shows your creativity and explains why you're FANatic about Ted's Montana Grill burgers. Any video must be no more than two (2) minutes in length and 4MB in size;
Uploading the entry of your choice to the Contest Website.; and
Submitting your entry via the Contest Website by clicking on "Submit Entry."

Completed entries must be received before the end of the Contest Period. Incomplete, unreadable, or unintelligible entries are void and will be disqualified. Limit of one (1) entry per e-mail address or person. In case of multiple entries received from any person or email address, only the first entry received from such person or email address will be considered. Each Entrant must be the rightful owner (or have authorized use) of the email account utilized in the entry. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be deemed to be made by the "Authorized Account Holder" of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address. Sponsor is not responsible or liable for any entries which are illegible, late, mutilated, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete, or otherwise not in compliance with these Official Rules, and all such entries will be disqualified from the Contest. By participating, Entrant agrees to the Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.

PRIZES AND PRIZE CONDITIONS

Each Entrant who submits an entry which complies with the Official Rules will be awarded a certificate valid for one (1) free burger at a Ted's Montana Grill restaurant location. Limit one certificate per Entrant and household. Certificate not redeemable for cash. Retail value of $15.00 US. No refunds will be provided for burgers normally priced under $15.00.

There will be four prizes (1st/Grand Prize, 2nd, 3rd place and Fan Favorite FANatic*) awarded to the winners of the Contest.

* Each Voter who submits a vote for the Fan Favorite FANatic contest will be awarded a certificate valid for one (1) free burger when you buy one (1) burger at a Ted's Montana Grill restaurant location. Limit one certificate per Voter and household. Certificate not redeemable for cash. Retail value of $15.00 US. No refunds will be provided for burgers normally priced under $15.00.

First place prize is a new 2009 Toyota Prius with standard equipment and features (Retail value of approximately $22,000 US, not including state sales tax and vehicle license and registration fees) as selected by the Sponsor (the "Grand Prize"). No substitution, transfer, or cash equivalent for the Grand Prize is permitted, except that Sponsor reserves the right, exercisable in its sole and absolute discretion, to substitute a vehicle of equal or greater value for any reason. The winner of the Grand Prize will be responsible for all taxes on the Grand Prize including, without limitation, income taxes. The winner of the Grand Prize will be solely responsible for sales taxes, luxury tax, E.P.A. taxes or fees, title and license fees, registration fees, insurance, options that are not factory-installed or manufacturer accessories that are not dealer-installed, and all other costs incurred in claiming, registering, delivery, or use of the vehicle. Unless otherwise expressly assumed by Sponsor, the winner shall be solely responsible for all travel and transportation costs incurred in connection with the winner's acceptance of delivery of the Grand Prize, including all travel expenses incurred by the winner and any transportation costs of delivering the vehicle to the delivery site selected by Sponsor. In the event Sponsor elects in its sole discretion to pay for the air travel of the winner of Grand Prize in connection with the winner's acceptance of the vehicle at the delivery site selected by Sponsor, the terms and conditions specifically applied to the second place prize shall govern such air travel, to the extent applicable; provided, however, such air travel shall only be provided to the winner of the Grand Prize in such event. All expenses not expressly assumed by Sponsor herein or otherwise shall be the sole responsibility of the winner. Any difference between the stated MSRP and actual value of the vehicle will not be awarded to the winner. The winner of the Grand Prize will receive an IRS Form 1099 for the year in which the Grand Prize is awarded by the Sponsor for the prize value noted in these Official Rules. Any depictions of the Grand Prize in Contest promotional materials or otherwise are for illustrative purposes only and Entrants acknowledge that any depiction of a vehicle in such promotional materials or otherwise may not be the actual vehicle delivered to the winner. The options and choice of vehicle exterior/interior color shall be within Sponsor's sole and absolute discretion. Sponsor will use reasonable efforts, subject to availability and these Official Rules, to deliver vehicle within 90 days of receipt of winner's Prize Claim Documents (as defined herein) (the "Delivery Period"). The Sponsor will deliver the vehicle to the winner on or before the expiration of the Delivery Period at a date, time and location determined by Sponsor in its sole and absolute discretion. Sponsor will not be responsible for any delays in delivery of the Grand Prize. The winner of the Grand Prize will be required to personally retrieve vehicle and must possess and present to Sponsor and any third party determined by Sponsor adequate personal identification, evidence of legally required insurance, a valid U.S. driver's license and any other required information/documents, as determined by Sponsor or such third party in its sole and absolute discretion. The winner shall bear any and all risks of damage to the vehicle in connection with its transportation to the delivery site selected by Sponsor and the Grand Prize will be forfeited if the winner does not accept delivery of the vehicle within 30 days after the date of delivery determined by Sponsor. Sponsor shall use commercially reasonably efforts to provide the same model and year vehicle as described in these Official Rules. If the winner cannot or does not accept the Grand Prize as stated in these Official Rules, the Grand Prize will be forfeited in its entirety, and awarded to an alternate winner.

Second place prize is a trip for two (2) to Bozeman, Montana. Package includes round-trip, coach airfare for two people (from a major domestic departure city within the continental United States and near Entrant's residence, as determined by Sponsor in its sole and absolute discretion, hotel lodging for three nights, and $500 in spending money/meal certificates. Value may vary depending on winner's location and distance from Bozeman, Montana. Winners who do not reside near the departure city determined by Sponsor will be responsible for securing their own transportation to the departure city. The winner is responsible for all federal, state and local taxes, beverages, additional hotel amenities, fees, gratuities, all ground transportation and other expenses incurred while on the trip. The winner's travel companion must be eighteen (18) years of age or older, and if a travel companion is not of the legal age of majority in his or her state of residence (a "Minor,"), the winner must be such companion's parent or legal guardian. The winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. Air travel will be prescheduled by Sponsor at least three (3) weeks before requested departure date and cannot be modified once booked. All air travel and accommodations are strictly subject to availability. Travel prize must be redeemed before December 31, 2009, and tickets are nonrefundable, nontransferable, and are not redeemable for cash or credit at any time, nor will tickets be replaced if lost or stolen. Airline tickets may not be valid for upgrades and/or frequent flyer miles. Other restrictions and black out dates may apply. The travel prize cannot be exchanged for cash or changed in any way. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. In the event the winner and/or his or her travel companion engage in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or threatens or harms the nature, structure, condition or integrity of any Ted's Montana Grill location or the reputation of Sponsor, Sponsor reserves the right to terminate the trip and any other prize awarded and send the winner and/or his or her travel companion(s) home with no further compensation. Sponsor will structure the travel route in its sole discretion, subject to any restrictions and black out dates that may apply. Departure and airport taxes, customs/agriculture fees and federal, state, local and other taxes, if any, on the prize are not included and are the winner's sole responsibility.

Third place prize is a year's supply of Ted's Montana Grill gift cards (one (1) $100 gift card per month for 12 months). Total retail value is $1200.00 US. Gift cards cannot be redeemed for cash and are non-transferable.

The Fan Favorite FANatic prize is one (1) $25 gift card per month for 12 months. Total retail value is $300 US.

All prizes are non-transferable and non-saleable. All federal, state, and/or local taxes (including income and withholding taxes), registration, license, title and other fees, costs and expenses related to the prizes awarded and the Contest are the sole responsibility of the winners. No alternative prize, cash equivalent, or other substitution is permitted except at Sponsor's sole discretion. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole and absolute discretion. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The value of any prize awarded in connection with the Contest may be taxable to the winners as income. The winners must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued by Sponsor in the name of the winners for the actual value of the prize received. Upon entry into the Contest, each Entrant agrees to comply with any and all applicable federal, state, and local laws, rules, and regulations.

JUDGING

The winners of the first, second and third place prizes of the Contest will be determined by a pre-selected panel of judges who shall remain confidential. After the close of the Entry Period, eligible entries will be judged based on three (3) subjective criteria and assigned a score of up to a maximum of thirty (30) points. The three criteria, which will be weighted equally (the "Judging Criteria"), are: (1) visual or written appeal (maximum 10 points); (2) portrayal of why the Entrant is a true Ted's Burger FANatic (maximum 10 points); and (3) originality and creativity (maximum 10 points). The ten (10) entries which receive the highest average score will be entered into a finalist pool whereupon another pre-selected panel of new judges will judge such entries based upon the Judging Criteria. The Grand Prize will be awarded to the Entrant who receives the highest average score for his or her entry. The second place prize will be awarded to the Entrant who receives the second highest average score for his or her entry. The third place prize will be awarded to the Entrant who receives the third highest average score for his or her entry. In the event of a tie for determining the winner of any prize, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the Judging Criteria, will break the tie. Conduct of the Contest and selection of the winners are at the Sponsor's sole discretion, and Sponsor's decisions are final and binding. Sponsor will be the sole arbiter in any dispute.

The winner of the Fan Favorite FANatic prize of the Contest will be determined by visitors to the Contest Website who will vote for their favorite Contest entry during the period of April 22, 2009 through April 30, 2009 at 11:59 PM Eastern Standard Time. Visitors to the Contest Website are encouraged to use the same criteria used by our pre-selected panel of judges to in selecting their favorite entry. Visitors to the Contest Website are further encouraged to weigh these criteria equally in selecting their favorite entry. Limit of one (1) vote per visitor.

NOTIFICATION

Sponsor will notify the winners of the Contest within 30 days after the date of the end of the Contest Period. The winners will be notified by email and/or telephone. If a potential winner does not respond within ten (10) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, or if the potential winner fails to claim a prize, or fails to return completed and executed Prize Claim Documents as required, the prize may be forfeited and an alternate winner may be selected by Sponsor in accordance with these Official Rules. Sponsor may successively attempt to contact up to two (2) potential winners in accordance with the notification procedures as described herein, and if there is still no confirmed winner of the prize after such attempts have been made, the prize may go unrewarded. Sponsor shall have no liability for any prize notification that is lost, intercepted or not received by the potential winner for any reason.

VERIFICATION OF POTENTIAL WINNERS

The potential prize (and his/her guest, as applicable) winners will be required to sign and return to the Sponsor, within ten (10) days of the date of receipt thereof from Sponsor, an Affidavit of Eligibility, Liability and Publicity Release and any other documents that Sponsor requires (except where prohibited) (collectively, "Prize Claim Documents") in order to claim his/her prize. By completing the Prize Claim Documents, each winner attests to the authenticity of his/her winning entry. If a winner is a resident of state that deems him/her to be a minor, the prize with be awarded in the name of his or her parent/legal guardian, who must sign the Prize Claim Documents on his or her behalf. Time is of the essence in awarding the prizes. Accordingly, if a potential winner and his/her guest fails or refuses to sign and return all Prize Claim Documents within such 10-day day period (or a shorter time if required by exigencies), the potential winner may be disqualified and Sponsor may select an alternate winner from among all remaining eligible entries. Sponsor shall have no responsibility or obligation to a winner or potential prize winner who is unable or unavailable to accept or utilize prize as described herein.

PUBLICITY

By acceptance of prize, each winner grants to Sponsor and each of its designees the right to publicize such winner's name, address (city and state of residence) photograph, voice and/or other likeness and prize information in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification or permission, unless prohibited by law.

OBLIGATIONS OF ENTRANTS AND WARRANTY

OWNERSHIP OF MATERIAL: All entries must be entirely the Entrant's original work, must not infringe the intellectual property, industrial property or other rights of any third party, and must be suitable for publication (i.e. may not be obscene, indecent or inappropriate, as determined in Contest Sponsor's sole discretion). Entrants agree that a condition of entry into the Contest is the irrevocable and unconditional assignment and transfer to Contest Sponsors of all rights, title and interest in and to their entries (including, without limitation, all intellectual property and industrial rights now in force or that come into force in the future in any part of the world, whether or not registered or registerable) and all applications and rights to apply for the registration of such rights (including, without limitation, copyright, designs, inventions, patents, trade secrets, trade marks, trade dress and all other rights of a similar or corresponding character or nature) subsisting in the entry and all documents, drawings, models and preparatory materials relating to the entry ("Intellectual Property Rights" or "IPR"). In submitting an entry in the Contest, Entrants agree to irrevocably assign, and to the extent permitted by law hereby assign, all IPR to Contest Sponsor.

In submitting an entry in the Contest, Entrants also agree to waive, and to the extent permitted by law, hereby waive, all moral rights conferred upon them or arising in respect of their entry anywhere in the world. Without prejudice to the foregoing, Entrants hereby consent without recourse to any use of the entry by Contest Sponsor which would infringe, anywhere in the world, any of their moral rights in the idea. By submitting an entry in the Contest, Entrants further agree to grant Contest Sponsor the right to modify, adapt, sell, publish, and or use the entry in any way, in whole or in part, in any media now known or hereafter developed, including, but not limited to, the Contest Website, without geographical limitation or compensation, unless prohibited by law. Entrants agree to execute any documents that Contest Sponsor deems necessary to effect or record the assignment and transfer of IPR and/or the waiver of moral rights contemplated above. Entries in the Contest will not be returned to Entrants. Contest Sponsor reserves the right at any time to disqualify any entry that it determines, in its sole discretion, does not meet the requirements of these Officials Rules.

ADDITIONAL TERMS: An Entrant may be prohibited or disqualified from participating in the Contest, or may be required to forfeit any prize awarded to them in the Contest if, in Sponsor's sole discretion, (a) Sponsor believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, engaging in deception, not adhering to the content requirement or otherwise violating these Official Rules, (b) Sponsor believes that the Entrant does not satisfy the Eligibility Criteria, (c) the Entrant does not satisfy any other criteria or agreement in these Official Rules (including, without limitation, executing and returning any documentation required by Sponsor), (d) the Entrant is convicted of, or pleads guilty or no contest to, any felony or any crime of moral turpitude, fraud or misrepresentation, (e) Sponsor believes the Entrant tampered with the entry process or the operation of the Contest, (g) the Entrant acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, or (h) the Entrant has provided inaccurate information on any legal documents submitted in connection with this Contest.

In entering the Contest, Entrants certify that they satisfy the Eligibility Criteria and all other requirement set forth herein, that their entry is original to them alone, that they are the sole and exclusive owner of all IPR and that they have the right to submit the entry in the Contest and to transfer the ownership of the entry and of all IPR to Sponsor. Entrants agree and warrant that they shall comply with all the terms and conditions of these Official Rules and that they shall not enter any entry that infringes any third party IPR. To the maximum extent permitted by law, Entrants agree to keep Sponsor indemnified at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any of the Entrant's acts or omissions in connection with their participation in the Contest and/or a breach of any warranty set forth herein.

Entrant acknowledges that Sponsor has made no, and hereby disclaims any, warranty or guarantee regarding relative to any prize identified herein, either express or implied, including without limitation, such prize's use, merchantability, mechanical condition, quality or fitness for a particular purpose. By participating in this Contest, Entrants agree to release and hold harmless the Sponsor and its officers, directors, employees, agents, representatives, affiliated companies, participating advertising and promotion agencies and third party fulfillment agencies and their respective officers, directors, employees, agents and representatives (collectively the "Released Parties") from and against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or the use or misuse or redemption of a prize (including, but not limited to liability for property loss, damage, personal injury or death and any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause). By accepting any prize, each winner agrees to hold Released Parties harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of any prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes or winners. The Released Parties assume no responsibility for any damage to a Entrant's computer system which is occasioned by accessing the Contest Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. If, for any reason, in the exclusive judgment of the Sponsor, the Contest becomes compromised in any way, Sponsor reserves the right to cancel the Contest or any method of entry to void any entries submitted fraudulently and/or select winners from among all non-suspect eligible entries received prior to act that compromised the Contest. In the event Sponsor is prevented from awarding any prize or running the Contest as planned by any event, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, any other causes beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not within the control of Sponsor (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the Contest Website. Notwithstanding the foregoing, Sponsor reserves the right, exercisable in its sole and absolute discretion, to award the prizes to winners selected from among all eligible entries received up until and/or after (if applicable) the time of such modification, cancellation or termination. All interpretations of these Official Rules and decisions by Sponsor are final. Entrants agree to indemnify and hold harmless Released Parties from any and all liability resulting or arising from the Contest and/or the use or misuse or redemption of a prize, to release all rights to bring any claim, action or proceeding against the Released Parties, and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Internet: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at the Contest Website or any combination thereof or by any human error which may occur in the processing of the entries in the Contest. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole and absolute discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right, exercisable in its sole and absolute discretion, to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW.

GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Georgia without regard to the conflict of laws rules that would cause the laws of any other jurisdiction to apply.

DISPUTES: Entrant agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Fulton County, Georgia, USA; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. ENTRANT HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE CONTEST OR THESE OFFICIAL RULES, ANY OTHER AGREEMENT CONTEMPLATED HEREBY OR THEREBY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF.

MODIFICATION: Sponsor reserves the right to modify these Contest Rules for clarification purposes without materially affecting the terms and conditions of the Contest.

CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION: Ted's Montana Grill is legally required to ensure that all personal information disclosed to or received from third parties is appropriately used, disclosed and protected. Personal information is defined as any piece of information, about an identifiable individual but does not include the name, title, business address or telephone number of an employee of an organization, which is the information used for this contest.

By entering the Contest and voluntarily providing personal information, including, but not limited to, name, address, city, state, zip, email address, home number, office number, Facebook profile ID number, etc., (the "Registrant Information"), each Entrant grants permission to Sponsor to use the Registrant Information for the exclusive purpose of administering the Contest and selecting the prize winners.

WINNERS LIST/OFFICIAL RULES: A list of winners can be obtained by sending a self-addressed, stamped envelope no later than December 31, 2009, to: Ted's Burger FANatic Contest, Attn: Contest Administrator, 133 Luckie Street NW, 6th Floor, Atlanta, GA 30303. Please do not send entries or other correspondence to this address. A list of winners can also be found at the following website: http://www.tedsmontanagrill.com after April 30, 2009. To obtain a copy of these Official Rules, print them from Sponsor's website at www.tedsmontanagrill.com.

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