Benihana Presents Dinner with a HEAT Player Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. VOID WHERE PROHIBITED.

1.  Eligibility.  Sweepstakes begins at 9:00 a.m. (EST) on April 15, 2009 and ends at 5:00 p.m. (EDT) on May 29, 2009.  Sweepstakes open only to legal residents of South Florida who reside within a seventy-five mile radius of the AmericanAirlines Arena and who are at least 18 years of age.  Employees and the immediate families of employees of the Released Parties (as defined in Section 4 below) their affiliates and subsidiaries are ineligible.  This Sweepstakes is subject to federal, state and local regulations. 

2.  How To Enter:  Submit your entry by logging onto www.heat.com.  Limit one entry per person.  No other method of entry is acceptable.  Automatic entries are deemed “eligible and received” when the enrollee confirmation is received and recorded.  By entering this Sweepstakes, entrants agree to these Official Rules. 

3.  Random Drawing and Prizes:  One (1) “Benihana Presents Dinner with a HEAT Player” Sweepstakes prize winner will be randomly selected on or about Monday, June 1, 2009 from among all eligible entries received.  All drawings will be conducted by the Miami HEAT, whose decisions are final in all matters relating to this Sweepstakes.  The prize winner will be awarded: (a) a limousine ride (to and from) and dinner for the winner and seven (7) guests at a Benihana restaurant with a Miami HEAT player (ARV $3,780); (b) eight (8) tickets to the first 2009-2010 Miami HEAT regular season home basketball game (ARV $80); and (c) eight (8) gift bags (ARV $800).  Total ARV$4,660.  Miami HEAT shall make the limousine travel arrangements from one mutually agreed upon location to and from the restaurant.  Further, the particular Miami HEAT player, date of dinner, the location of the aforementioned tickets and the delivery and contents of the gift bags shall be in the sole discretion of the Miami HEAT.  Prize is non-transferable and no substitution will be made except as provided herein at the Miami Heat’s sole discretion. Miami Heat reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Winner is responsible for all taxes and fees associated with prize receipt and/or use.  Odds of winning a prize depends on the number of eligible entries received.  All expenses and incidental costs not expressly stated in the prize descriptions above are the responsibility solely of the winner.  The Benihana Presents Dinner with a HEAT Player Sweepstakes prize winners will be notified by email or telephone.  If winner cannot accept a prize as specified by Benihana National Corporation, prize will be forfeited and awarded to an alternate winner.  Prize winner will be required to respond to the phone call and/or email notification within 24 hours indicating whether he/she can accept the prize.  If no return call or email is received within the time allotted, an alternate winner will be selected.  Any prize notification or prize returned to the Miami Heat as undeliverable will result in disqualification and the awarding of that prize to an alternate winner.  In the event of prize winner forfeiture or disqualification, the Miami Heat will only select an alternate winner once.

4.  Limitation of Liability.  Benihana National Corporation, Miami Heat Limited Partnership, the AmericanAirlines Arena, the National Basketball Association and its Member Teams, NBA Properties, Inc., NBA Media Ventures, LLC, Basketball Properties, Ltd., the County of Miami-Dade, and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion agencies and each of their directors, officers, employees and agents (collectively the “Released Parties”) are not responsible for lost, late or misdirected mail, miscommunications, failed telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network.  Entries become the property of Miami Heat and Benihana National Corporation  and will not be returned or acknowledged.  Entrants who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person in relation to this Sweepstakes, as solely determined by the Benihana National Corporation, will be disqualified.  Any attempt by a person to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and Benihana National Corporation reserves the right to seek damages from any such person to the fullest extent of the law.  Release Parties are not responsible for injury or damage to participants’ or any other persons’ property related to or resulting from participating in this Sweepstakes.  The Benihana National Corporation shall resolve all disputes in its sole discretion.  By accepting a prize, winner agrees to release, hold harmless and indemnify the Released Parties from and against any and all liability, losses, damages, rights, claims and causes of action (however named or described) of any kind resulting from or arising out of the participation in the Sweepstakes and/or the acceptance, possession, receipt or use of any prize, including without limitation, personal injuries, death and property damage.  By participating in this Sweepstakes, participant agrees to be bound by all the Official Rules of this Sweepstakes.

No responsibility is assumed by any of the Released Parties hereunder for: any error, including typographical error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized access to, or alteration of, entries; or any other problems in connection with the Sweepstakes.  Any trade names, trademarks or service marks shown as part of the materials associated with the Sweepstakes are the property of their respective owners. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

5.  Publicity.  Acceptance of prize offered constitutes permission to use winner's name, biographical information and/or likeness for purposes of advertising and promotion without further compensation as permitted by law by the Miami Heat Limited Partnership, the AmericanAirlines Arena, the National Basketball Association and its Member Teams, NBA Properties, Inc., NBA Media Ventures, LLC and Benihana National Corporation and/or each of their respective parent companies, subsidiaries, affiliates and advertising/promotion agencies.

6.  Winners List:  For the names of the winner: send a self-addressed, stamped envelope to be received by April 16, 2009 to: Benihana National Corporation/“Benihana Presents Dinner with a HEAT Player” Sweepstakes, 601 Biscayne Boulevard, Miami, Florida 33132, ATTN:  Corporate Partnerships.