Feed it Forward™ Terms and Conditions

Acknowledgment and Acceptance of Terms and Conditions: By participating in the Feed it Forward™ Offer (“Offer”), you (the “End User”, regardless of whether as a “Sender” or “Recipient”) agree to the following Terms and Conditions. These Terms and Conditions apply if you access the Offer through the Feed it Forward section of the RDC Site, located at www.Restaurant.com/FeedItForward (the “FIF Site”), or through RDC’s Feed it Forward Facebook Application (“Application”). If you do not understand or agree with these Terms and Conditions, you are prohibited from accessing or using the FIF Site, the Application, and participating in the Offer. BY PARTICIPATING IN THE OFFER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS HEREIN, AS WELL AS THE GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY OF RDC AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO DO SO. Restaurant.com, Inc. (“RDC”) reserves the right to amend these Terms and Conditions at any time, without notification, and such amendments shall be effective immediately upon posting.

Eligibility: The Offer is limited to U.S. Residents over 18 years of age who create or have an existing RDC account and agree to comply with these Terms and Conditions. There is no charge for creating an RDC account. This Offer is for individual use only, not for commercial use.

Offer Summary: From November 26, 2009 until December 25, 2009, RDC will give away up to $30 Million Dollars in $10 RDC promotional certificates (“Certificates”). On a first come, first served basis, a user (a “Sender”) may, through the FIF Site or the Application send up to thirty (30) Certificates per day to friends and family with unique email addresses (each, a “Recipient”). In order to give or redeem any Certificate, each Sender and each Recipient must create or have an existing RDC account and agree to comply with these Terms and Conditions.

Term of Offer: The Offer is valid only through the FIF Site and Application, and may not be combined with any other promotions or offers. The Offer is valid for Certificates sent from November 26, 2009 until 11:59 p.m. CST on December 25, 2009 or until Three Million $10 Certificates have been sent. RDC reserves the right to modify or cancel the Offer and/or add additional offers at any time in its absolute discretion.

Gifting and Redeeming Certificates: In order to give or redeem a Certificate, each Sender and each Recipient must create or have an existing RDC account and agree to comply with these Terms and Conditions. If a Sender or Recipient does not have a RDC account, he or she will be prompted to create an account. If giving through the FIF Site, each Sender and each Recipient must enter a valid email address in order for a Certificate to be delivered. If giving through the Application; each Sender and each Recipient must have an active, valid Facebook account and add/accept the Application. If a Certificate is sent through the Application, the Recipient will be invited to add/accept the Application, and, once accepted, the Certificate will be delivered to the Recipient via his or her Facebook inbox and through the email account he or she listed with Facebook. Each Sender may give up to thirty (30) Certificates per day during the Offer period, whether through the FIF Site or through the Application. Each Sender may give only one Certificate per Recipient/Recipient email address during the entire Offer and Senders may not send Certificates to themselves. RDC is not liable for any delayed or failed delivery of Certificates, whether due to typographical errors in Recipients’ email addresses, returned or undeliverable email, spam filtering, or otherwise.

Certificates: A Certificate is redeemable only for a $10 restaurant-specific or merchant-specific certificate at the FIF Site. Certificates are valid only at participating restaurants and merchants in the RDC network and are subject to RDC’s standard Terms and Conditions. The Offer may not be put towards a larger denomination certificate, and may not be returned and credited towards a larger denomination certificate. Certificates, restaurant-specific certificates, and merchant-specific certificates may not be resold, or given in part of a larger commercial promotion. Certificates have no cash value. Estimated value of the restaurant-specific or merchant-specific certificate can be found at the RDC Site. No certificates may be returned for a cash value. Reproduction, sale, or trade of any Certificates is prohibited.

Release of Information: By sending a Certificate, each Sender consents to the release of his or her first and last name and any accompanying message to the Certificate Recipient. If a Sender does not consent to the release all such information, he or she is prohibited from sending a Certificate. In addition, by posting a message/testimonial/story (“Material”) on the FIF Site or in the Application, or in a message to a recipient, and End User grants RDC an irrevocable, royalty-free, perpetual, world-wide license to use, distribute, modify, publish, adapt or redistribute such Material on the FIF Site, the RDC Site and/or the Application, in our marketing materials, and/or otherwise at our discretion. RDC shall have the right, but not the obligation, to review such Material before posting and, in its sole discretion, may alter, remove or refuse to post or send Material.

Use Restrictions: End Users are prohibited from using the Offer to SPAM a third party or to distribute a gift to a party with whom the End User does not have an existing personal relationship. Each End User agrees not to use or attempt to use the Offer, the RDC Site, the FIF Site, the Application or any posted Material (each, an “Offer Component”) in any way to: (i) post or transmit, or otherwise make available any virus, worm, Trojan Horse, or other computer file that is harmful or that is intended to destroy, monitor or damage another’s computer equipment; (ii) impersonate another person or entity or otherwise misrepresent him or herself; (iii) solicit business or advertise or in any way use an Offer Component for material gain, or a commercial or unlawful purpose; (iv) send, transmit or post a harassing, abusive, obscene, or threatening message; or (vi) conduct or attempt to conduct an unlawful, fraudulent or criminal act.

Release: By participating in the Offer, each End User releases and agrees to hold harmless RDC, and its officers, directors, stockholders, subsidiaries, parent companies, and affiliates, and all Offer sponsors, and their respective officers, directors, stockholders, subsidiaries, parent companies and affiliates, from and against all claims, causes of actions, damages, liabilities, expenses, and any other losses arising out of or relating to such End User’s use or interaction with an Offer Component or any use of a certificate at any participating restaurant or merchant, including, but not limited to: (i) technical errors related to computers, servers, providers, or telephone or network lines; (ii) printing errors; (iii) lost, misdirected, misdelivered, incomplete, or unintelligible messages, mail or correspondence; (iv) lost, stolen, misdirected, or undeliverable Certificates; (v) actions of restaurants or merchants participating in this Offer or participating in RDC’s network; (vi) injury or damage to persons or property caused by travel to or from any Offer related activity, or however caused or wherever it may occur; (vii) damages related to privacy claims or rights of publicity; (viii) damages with respect to defamation claims; (iv) injuries that result from the offensive or illegal conduct of other End Users or third-parties; and (v) damages arising from negligence in delivery of any Certificate or other benefit included in this Offer. Indemnification: Any End User who violates these Terms and Conditions agrees to Indemnify and hold harmless RDC and its respective officers, directors, stockholders, subsidiaries, parent companies, and affiliates, and all sponsors, and their respective officers, directors, stockholders, subsidiaries, parent companies and affiliates, from and against all claims, causes of actions, damages, liabilities, expenses, and any other losses arising out of such End User’s use and interaction with any Offer Component.

Disclaimer of Warranties: UNLESS PROHIBITED BY LAW, THE OFFER IS PROVIDED ON AN “AS-IS” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE QUALITY OR SUITABILITY OF ANY CERTIFICATE OR ANY RESTAURANT OR MERCHANT PARTICIPATING IN THIS OFFER OR RDC’S BUSINESS.

Dispute Resolution: Except where prohibited by law, each End User, by participating in this Offer, agrees (i) that all disputes, claims, causes of action arising out of or connected with this Offer shall be resolved individually, and without resort to class actions litigation, and shall be settled by arbitration in Cook County, Illinois, under the rules of arbitration of the American Arbitration Association; (ii) all claims, judgments, and awards shall be limited to actual out-of-pocket costs and expenses incurred, and in no event shall it include attorney fees; and (iii) that under no circumstances will such End User recover, or be permitted to recover, and each End User hereby waives, to the maximum extent permitted by law, its right to claim recovery for, indirect, punitive, incidental, or consequential damages, or any multiple thereof, as a part of any recovery hereunder. All issues and questions regarding the construction, validity, interpretation, and enforceability of the terms and conditions of this Offer shall be governed by the internal laws of the State of Illinois, without giving effect to its conflict of laws rules.

Additional Terms: Certificates, restaurant-specific certificates and merchant-specific certificates are valid in the U.S. only. All Federal, state and local rules/regulations apply. The Offer is void where taxed, regulated, restricted or prohibited by law. Where RDC determines, in its sole discretion, that (i) the terms of this Offer have not been fully complied with; (ii) a Certificate has been given for sale; or (iii) there is evidence of fraudulent conduct or abuse, RDC reserves the right to deny delivery of the Certificate. No portion of any Offer Component may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without RDC’s express written consent. Any abuse of this Offer, as determined by RDC in its sole discretion, may lead to immediate termination of a user’s account and revocation of any gifted items.

THE MAILING ADDRESS FOR ALL CORRESPONDENCE ASSOCIATED WITH THIS PROMOTION IS: Restaurant.com, 1500 W. Shure Drive, Suite 200, Arlington Heights, IL, 60004.