Einstein Bros.® Bagels My Gift Promotion
Terms and Conditions
(Updated as March 31, 2020)
This “Einstein Bros. Bagels My Gift Promotion” (this “Promotion”) is not a sweepstakes, lottery or contest of any kind. Void where prohibited or restricted.
As a condition to participating in this Promotion, you hereby agree to the following Terms and Conditions (these “Terms”):
- SPONSOR. This Promotion is sponsored and administrated by Einstein Noah Restaurant Group, Inc. (“Sponsor”), 555 Zang Street, Suite 300, Lakewood, Colorado 80228.
- OVERVIEW. Subject to these Terms, during the Promotion Period (as defined in Section 4 below), individuals who have a catering order subtotal purchase of $150 or more in catering in a single transaction form Sponsor online or through Sponsor’s call center will be eligible to receive a $10 Amazon.com Gift Card; individuals who have a catering order subtotal purchase of $200 or more of catering in single transaction from Sponsor online or through Sponsor’s call center will be eligible to receive a $20 Amazon.com Gift Card; individuals who have a catering order subtotal purchase of $500 or more of catering in single transaction from Sponsor online or through Sponsor’s call center will be eligible to receive a $50 Amazon.com Gift Card. The foregoing is a summary only and is qualified in its entirety by these Terms.
- ELIGIBILITY. This Promotion is only open to participants who, as of the participation date, are legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of participation in the Promotion. Individuals who place orders in any capacity other than their own individual capacity (for example, on behalf of their company employer) represent and warrant that in addition to the preceding eligibility requirements, they are eligible to receive a gift issued by Sponsor in this Promotion, and will receive, handle, transfer, use and otherwise deal with such gift in accordance with any rules, regulations or policies applicable to such individual, all of which are the sole responsibility of such individual, and for which Sponsor disclaims any and all responsibility or liability. The Promotion is void outside the fifty (50) United States and the District of Columbia; and where prohibited or restricted by law.
- PROMOTION PERIOD. The “Promotion Period” for this Promotion commences as of November 1, 2019 and is scheduled to end on August 30, 2020. Any change in the Promotion Period will be reflected in an update to these Terms as posted on www.ebcatering.com.
- HOW TO PARTICIPATE IN THE PROMOTION.
- Place an Order. During the Promotion Period, purchase Einstein Bros. Bagels catering online at www.ebcatering.com or by calling 1-800 BAGELME (800-224-3563). If you have an order eligible for a gift as described in Section 5(b) below, provide the code MYGIFT at checkout. Catering specialists are available by phone 5:30am to 8:00pm MST Mon-Fri and 5:00am to 5:00pm MST Sat-Sun (days and hours subject to change). Visit www.ebcatering.com for more information regarding ordering.
- Earn a Gift. To be an eligible order in this Promotion, a catering order must be (i) made online at www.ebcatering.com or by phone at 1-800 BAGELME (800-224-3563) as described in Section 5(a) above during the Promotion Period for pick up or delivery during the Promotion Period, (ii) confirmed by a Sponsor representative (which confirmation may be by email, phone or other method determined by Sponsor), and (iii) paid in full at the time of order, pick up or delivery. Offer does not apply to existing catering orders, and is not valid with any other discount, offer or promotion. If order is to be delivered, delivery fees apply, and a minimum order amount is required for delivery service. Catering is not available from all locations (including hospitals, airports, hotels, colleges, military bases and non-participating locations). At the time of issuance of a gift by (or on behalf of) Sponsor in this Promotion, the corresponding catering order will no longer be cancellable or refundable, except for discretionary refunds issued by Sponsor in connection with catering order issues. In this Promotion, an eligible order placed and paid for as provided above (single orders only; multiple orders may not be combined to meet limit; orders can’t be split to qualify for multiple Amazon.com Gift Cards) in the subtotal amount of $150 or more to qualify for one (1) $10 Amazon.com Gift Card or subtotal amount of $200 or more to qualify for one (1) $20 Amazon.com Gift Card in the subtotal amount of $500 or more to qualify for one (1) $50 Amazon.com Gift Card (inclusive of product price only, and excluding charges (including delivery), taxes, fees or assessments) will earn the eligible individual placing the order either a gift of one (1) $10 or $20 or $50 Amazon.com Gift Card (restrictions apply, see Amazon.com/gc-legal). If the subtotal of a catering order is more than the minimum subtotal requirement for the Amazon.com Gift Card offer but less than the subtotal requirements for the next minimum subtotal spend for the higher Amazon.com Gift Card then the qualifying order will receive the lower Amazon.com Gift Card. Gift Card will show in the order cart once code is applied successfully. If Amazon.com Gift Card does not show in order card then order is not eligible for Amazon.com Gift Card. LIMIT: One (1) gift per eligible order. Gifts are earned and awarded on a per catering order basis and not on a cumulative basis across multiple orders. Orders placed using the promotion promo code that do not meet all eligible criteria will have the promo code removed prior to fulfillment of Amazon.com Gift Card.
- LIMITATIONS. Gifts are awarded and must be accepted “AS IS,” without any representation, warranty or guaranty of any kind for which Sponsor shall be liable or responsible. Sponsor has no responsibility or liability for, and makes no representation or warranty with respect to, Amazon.com Gift Cards. Neither Sponsor nor any other person associated with this Promotion is liable or responsible for lost, stolen, misappropriated or misdirected gifts. The recipient is fully responsible for any and all applicable federal, state and local taxes and assessments. Sponsor reserves the right to verify any or all participants for determining eligibility of the participant, including, without limitation, completeness, of information and responses. Sponsor reserves the right to disqualify any participant or order determined by Sponsor, in its sole and absolute discretion, to be ineligible. Noncompliance with any of these Terms or any other condition of this Promotion may result in disqualification and forfeiture of Promotion gifts. In the event of disqualification, no consideration will be awarded.
- AGREEMENT TO TERMS AND CONDITIONS, AND DECISIONS. By participating in the Promotion, each participant fully and unconditionally agrees to be bound by and accepts these and the decisions of Sponsor and its designees (including, without limitation, decisions regarding eligibility of participants and orders, and the awarding of Promotion gifts), which are final and binding in all respects.
- RELEASE. By participating in the Promotion, each participant forever and irrevocably releases and holds harmless Sponsor, its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Promotion partners (including, without limitation, Amazon.com), and all of their respective employees, officers, directors, owners, representatives and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from participant’s participation in the Promotion and/or participant’s receipt or use of any item awarded in this Promotion.
- GENERAL CONDITIONS; CHANGES/UPDATES. Sponsor is not responsible for: (a) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software (including, without limitation, Sponsor’s websites, applications and call centers); (b) the unavailability or inaccessibility of any website or service (including, without limitation, Sponsor’s websites, applications and call centers); (c) unauthorized intervention of any kind in any part of the Promotion; (c) printing, typographical, electronic or human errors which may occur in the offer or administration of the Promotion; or (d) any injury or damage to persons or property, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s or its designees’ sites, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Sponsor’s or its designees’ sites by a hypertext link. Sponsor reserves the right, without any liability to any participant or prospective participant, to change or update these Terms (including terminating, modifying or suspending the Promotion) for any reason, including based on its experience with the conduct of the Promotion and/or participants’ response to the Promotion. Sponsor also reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, and in such event, Sponsor reserves the right in its sole discretion (but does not have any obligation) to award Promotion items to recipients based on any selection criteria determined by Sponsor from among eligible, non-suspect submissions received up to the time of the suspected impairment. Any changes or updates in these Terms, or termination, modification or suspension of the Promotion will be as described in an updated version of these Terms. At the time of participation in the Promotion, review the then current Terms (which may include updates or changes after the initial or subsequent postings of these Terms). Sponsor reserves the right in its sole discretion to disqualify any participant it finds to be tampering with the submission process or the operation of the Promotion or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms shall not constitute a waiver of that provision or any other provision of these Terms.
- DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any award shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado; participant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participant or Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.