MARIO’S “ITALIAN GRILL” SWEEPSTAKES

OFFICIAL RULES

SPONSORED BY MARIO BATALI LLC

1. ELIGIBILITY: NO PURCHASE NECESSARY.  Mario’s “Italian Grill” Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older as of 9/15/08.   Employees of Mario Batali LLC (“Sponsor”), competitors of Sponsor, and its and their affiliates, subsidiaries, advertising, promotion and internet agencies and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household, whether or not related, are not eligible to participate.  Sweepstakes is subject to all federal, state and local laws and regulations.  VOID IN GUAM, THE U.S. VIRGIN ISLANDS, PUERTO RICO, U.S. MILITARY INSTALLATIONS AND TERRITORIES AND WHERE PROHIBITED.

2. HOW TO ENTER: Beginning 12:01 AM Eastern Time (EST) on 8/1/08, visit http://www.mariobatali.com/grillingcontest/enterhere.cfml (the “Web Site”) and follow the on-screen links and instructions to complete the registration process, including a valid home and e-mail address, for entry into the Sweepstakes.  Entries must be received by 11:59 PM EST on 9/29/08.  Limit one (1) entry per person and/or e-mail address.

   Multiple entrants are not permitted to share the same e-mail address.  Any attempt by any entrant to obtain more than one entry by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Internet entry must be made by the entrant only at the authorized Web Site address listed above.  Entries originating at any other Internet website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites are prohibited.  Use of any automated system to participate (e.g., robotic, automatic, programmed or like methods) is prohibited and will result in disqualification, voiding all such entries by such methods.  Any individual who enters by any of the methods described above will be disqualified.

   Sponsor assumes no responsibility for (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries/registration process; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, misdirected or incomplete entries; or (d) any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or corrupted.  Entries that have been tampered with or altered are void.  Any damage to the Web Site will be the responsibility of the Authorized Account Holder (as defined below).  Sponsor reserves the right to prohibit the participation of an individual failing to comply with any provision in these Official Rules.  Entries will not be acknowledged.

3. RANDOM DRAWING: On or about October 6, 2008, an independent organization will conduct a random drawing from among all eligible entries received.  Odds of winning depend upon the number of eligible entries received.  Potential winners will be notified by e-mail, phone and/or postal mail at Sponsor’s sole discretion.  Inability to contact a winner or the return of any prize notification as undeliverable will result in the prize being forfeited and an alternate winner will be selected at random from the remaining eligible entries.

4. PRIZES & APPROXIMATE RETAIL VALUES: Ten (10) Prizes – Each winner will receive an autographed copy of Mario Batali’s latest cookbook, Italian Grill.  Total approximate retail value (“ARV”):  $350.00 ($35.00 each).  Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes.  No other substitutions, cash equivalents or transfer of prizes allowed unless specifically authorized by Sponsor.  Winners are solely responsible for reporting and paying any and all applicable federal, state, and local taxes and any additional fees associated with prizes.  Prizes consist of only those items specifically listed as part of the prize.  Limit one prize per person.  Winner notification will be by e-mail, phone and/or postal mail no later than October 15, 2008.

5. GENERAL RULES:  Potential winners may be required to complete and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, if legally permissible, a Publicity Release within ten (10) days of attempted delivery of same.  Noncompliance within this time period or return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner.  No substitution, cash redemption or transfer of prize by winner(s) permitted.

   CAUTION: ANY ATTEMPT TO DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

   This Sweepstakes is governed by the laws of the State of New York.  By participating in the Sweepstakes, entrants agree (a) to be bound by and abide by these Official Rules and by all decisions of Sponsor and the independent organization, whose decisions are final and not open to appeal; (b) to release and hold harmless Sponsor and its directors, officers, employees, subsidiaries, affiliates, agents, suppliers, divisions, agencies, licensors and advertising, promotional, or judging agencies, and any and all prize suppliers (“Released Parties”), from any and all causes of action, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to entrants’ participation in the Sweepstakes, whether or not arising from the negligence of a released party, including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants’ privacy or publicity rights, or defamation, or acts undertaken in preparation for or participation in the Sweepstakes; (c) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes; and (d) that neither Sponsor, nor any of the foregoing entities, have made or are responsible or liable for any warranty, expressed or implied, relative to a prize, including, but not limited to, its quality or fitness or merchantability, and all prizes are tendered to entrants on an “as is” basis.  There are no warranties that extend beyond the description on the face of any Sweepstakes materials of any prize.  Sponsor reserves the right to cancel, suspend or modify the Sweepstakes or any portion thereof if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in its sole discretion; or, if for any other reason, the Sweepstakes cannot be run as originally planned.  In the event of cancellation, a notice will be posted online and the drawing will be conducted from among all eligible entries received prior to cancellation.  Entry information becomes property of Sponsor.  Proof of submitting an entry/registration will not be deemed to be proof of receipt by Sponsor.

   Without limiting anything set out above, all winners, on behalf of themselves, their executors, heirs and assigns, by acceptance of a prize, agree to release the Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of a prize or while preparing for, participating in or traveling to and/or from any prize-related activity or otherwise.

   Each entrant must be the Authorized Account Holder of the e-mail account indicated by the entrant’s e-mail address.  The “Authorized Account Holder” is defined as the natural person assigned an e-mail address by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.  In the event of a dispute as to any registration, the Authorized Account Holder address used to register will be deemed to be the registrant.

   An entrant’s entry will be disqualified, at the sole discretion of Sponsor, if she/he attempts (a) to enter the Sweepstakes through any means other than described in these Official Rules; or (b) to disrupt the Sweepstakes, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Sweepstakes.  Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in and to the entry, including, without limitation, all copyrights, and upon Sponsor’s request, entrants will execute any documents necessary to effectuate such ownership.  Submission of an entry grants Sponsor and its agents the right to publish, use, edit, adapt and/or modify such entry in any way, in any and all media, without limitation and without consideration to the entrant.

   Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners’ names and/or likenesses for purposes of advertising, public relations and trade, in all media now known or hereafter devised, without notice, compensation or other consideration by Sponsor (except where prohibited by law).  If selected as a winner, entrants agree to participate in media interviews on behalf of Sponsor after the Sweepstakes.

   Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.  Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes.  In no event will more than the stated number of prizes be awarded.

6. WINNERS: For the names of the winners, send a self addressed stamped envelope to Mario’s “Italian Grill” Sweepstakes, Attn: Mario Batali LLC, c/o Otto Enoteca, One Fifth Avenue, New York, NY 10003.  All requests must be received by November 3, 2008 to be honored.  Specify Winners’ List or Official Rules.  Vermont residents may omit return postage if requesting a copy of the Official Rules.

7. SPONSOR: Mario Batali LLC, c/o Otto Enoteca, One Fifth Avenue, New York, NY 10003.