“Summer Adventure Sweepstakes”

Einstein Bros. Bagels

Official Rules

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.

 

  1.  ELIGIBILITY. The Einstein Bros. Bagels’ “Summer Adventure Sweepstakes (the “Sweepstakes”) is only open to entrants who, as of the entry date, are permanent legal residents of the forty-eight (48) contiguous United States (i.e., excluding the States of Alaska and Hawaii) and the District of Columbia who are at least eighteen (18) years old. The Sweepstakes is void outside the eligible Sweepstakes territory; and where prohibited or restricted by law. Employees, officers and directors of Einstein Noah Restaurant Group, Inc. (“Sponsor”), and its parents, subsidiaries, affiliates, divisions, franchisees (including licensees), advertising and promotion agencies (including, without limitation, Nium, Inc. and SPM Communications, Inc.), and prize suppliers (including Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort (“Universal Orlando”) and The Coca-Cola Company (“Coca-Cola”)) and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible sweepstakes territory, and entrants must be present in the eligible Sweepstakes territory at the time they enter.

 

  1.  TIMING.  The Sweepstakes entry period begins at 12:00 a.m. Mountain Time (“MT”) on July 8, 2019 and ends at 11:59 p.m. MT on July 31, 2019 the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.

 

  1. HOW TO ENTER; REWARDS PROGRAM; PARTICIPATION COUPON. There is only one (1) way to enter the Sweepstakes, which is online. During the Entry Period, go to einsteinbros.com/summersweeps and follow the links and instructions for online entry. Completely fill out the online entry form and submit it in accordance with the on-screen instructions. All online entries must be received by Sponsor during the Entry Period. LIMIT: One (1) entry per person in the Sweepstakes. When you enter the Sweepstakes, if you are not already a member of the Einstein Bros. Bagels Shmear Society Rewards Program (the “Program”), your Sweepstakes entry will also be your registration for the Program. Membership is free, and membership may be discontinued at any time. Continuing a Program membership is not necessary to enter or win this Sweepstakes; however, a Program membership is needed to receive and redeem bagel and coffee prizes that are part of the Grand Prize and the Second Prize if you are a winner of any of those prizes. For more information about the Program, visit https://www.coffeeandbagels.com/loyalty-program-terms-and-conditions/ (the “Program Terms”). Program membership is subject to the terms and conditions of the Program Terms. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices or attempting to obtain multiple entries is prohibited and will result in disqualification. Any attempt by an entrant to obtain more than the allowable number of entries by using multiple/different e-mail addresses, identities or any other methods will void all of that entrant’s entries. See Section 12 below (“Data Collection”) regarding data collected online in connection with an entrant’s entry. All entries become the exclusive property of Sponsor and  none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age  and other claims of/information provided by a potential prize winner. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities.

 

All eligible entrants who submit a valid entry during the Entry Period will also receive a coupon from Sponsor for $2 off any $5 purchase that will be emailed to the email address provided by  entrant in the Sweepstakes entry form.

 

Coupon is subject to the terms, conditions, limitations and restrictions thereof, including, without limitation, an expiration date of August 15, 2019.

 

  1. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winners, and the awarding of the prizes), which are final and binding in all

 

  1. DRAWINGS; ODDS; NOTIFICATION. On or about August 6, 2019, Sponsor will first randomly select one (1) potential Grand Prize winner and then randomly select three (3) potential Second Prize winners from among all eligible entries received by Sponsor through all methods of entry. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Sweepstakes. A selected entrant must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, mail, courier and/or email. A potential winner will be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If a potential winner cannot be contacted directly by Sponsor within seventy-two (72) hours of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule. Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor or any of its Sweepstakes partners. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, by executing and delivering to Sponsor or its designee by the time indicated by Sponsor or its designee any verification and background check authorization forms required by Sponsor or its

 

  1.  PRIZES.  Subject to the terms and conditions of these Official Rules, four (4) prizes will be awarded in this Sweepstakes with one (1) Grand Prize and three (3) Second Prizes. The fair retail value (“FRV”) of all prizes to be awarded in this Sweepstakes is $4,957, allocated $3,815.31 to the Grand Prize Vacation Package with an additional $139.69 in Coffee and Bagel Rewards and $1,002 to the Second Prizes.

 

  • Grand Prize. UNIVERSAL ORLANDO RESORT VACATION PACKAGE PRIZE: Grand Prize winner will receive a Universal Orlando Resort Vacation Package for winner and up to three (3) guests, consisting of: (i) round trip coach-class air transportation for up to four (4) people from a major airport near winner’s primary residence (determined by Universal Orlando in its sole discretion,) to Orlando, Florida. Winner will be responsible for ground transportation to/from the airport of origin; (ii) ground transportation for up to four(4) people from/to the airport in Orlando, Florida and to/from the hotel (iii) hotel accommodations, room and tax only, for up to four (4) people in the form of one (1) standard room (quad occupancy) at one of the Universal Orlando Resort hotels (room and hotel to be selected by Universal Orlando) for three (3) consecutive nights. Hotel accommodations do not include meals, incidentals, tips, telephone calls, souvenirs, or any other personal expenses incurred during the trip, not specified here; and (iv) up to four (4) 3-Park, 3-Day Park-to-Park Tickets for admission to Universal Studios Florida, Universal’s Islands of Adventure and Universal’s Volcano Bay theme parks

 

Fair Market Value (“FMV”) of the Grand Prize is $3,815.31.

 

Vacation Package must be taken by 7/31/2020 or forfeited in its entirety.

 

Trip must be booked at least sixty (60) days prior to intended departure date. No changes will be made to travel details or itinerary once any portion of the travel arrangements has been made. Winner and guests must be able to travel on the same itinerary. If winner and his/her guests cannot travel within specified timeline, prize will be forfeited. If winner elects to partake in any or all portions of his/her Prize with fewer than the allotted number of guests or no guest, the Grand Prize will be awarded to winner and each participating guest, and any remainder of the Prize will be forfeited. Winner must be eighteen (18) years of age or older.  If winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the hotel. Unless child or ward of winner or one of the allotted guests, each guest must be eighteen (18) years of age or older as of the date of departure. All travel is subject to availability. Other restrictions may apply. All elements of the Vacation Package must be redeemed at the same time and no changes will be permitted after confirmation of any redemption. All travel-related taxes and expenses not set forth herein, including baggage fees, service charges or facility charges, personal charges at hotel, ground transportation at point of origin, meals, gratuities, and incidental hotel expenses are the sole responsibility of Prize winner and guest(s).Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Universal Orlando’s airline carrier of choice as detailed in the passenger ticket contract. Winner and guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Winner acknowledges that Universal Orlando has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize is nontransferable and has no cash value. For any winner who is a Florida resident, air transportation may be substituted with another method of transportation by Universal Orlando in its sole discretion. Sponsor and Universal Orlando are not responsible for cancellations or weather conditions due to circumstances beyond Sponsor or Universal Orlando’s control, inability of winner or guest to take Prize trip or related benefits in accordance with applicable rules and restrictions, and/or any other difficulties occurring during or in connection with the prize trip or related activities. Universal Orlando reserves the right to substitute a similar prize or prize element of comparable value should it become unavailable for any reason. All unused portions of this prize package will remain the property of Universal Orlando, Sponsor and/or Universal Orlando will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. FMV of Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated FMV and final FMV of Prize will not be awarded. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Travel arrangements must be made through Universal Orlando.

 

 

All theme park tickets are valid during normal operating hours only. Operating hours and availability of attractions and shows are subject to change without notice. Some special events may be separately ticketed. Universal Orlando reserves the right to change the name of all tickets. Except as otherwise indicated herein, all tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events at any of the theme parks, hotels, or within any of the Universal CityWalk venues such as Hard Rock Live® and Blue Man Group show.

 

Universal Orlando is a prize supplier of the Universal Orlando Vacation Package only in this Sweepstakes; is not a sponsor of this Sweepstakes; and is not responsible for the administration of the Sweepstakes, the collection of the entries or the conduct of the drawings. Notwithstanding anything to the contrary contained in these Official Rules, any disputes, claims, and causes of action directly against Universal Orlando arising out of or relating to any person’s use of or participation in any portion of the Universal Orlando Vacation Package shall be resolved by applying the laws of Florida, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.

 

In addition to the Universal Orlando Resort Vacation Package, the Grand Prize winner will be awarded bagel and coffee rewards (each reward for one (1) bagel with cream cheese (excludes gourmet, specialty or topped bagels and add-ons) and one (1) medium drip coffee per person) for four (4) persons per week for nine (9) weeks, for a total of thirty-six (36) bagel and coffee rewards. No substitutions are allowed when redeeming a reward. A reward will be loaded by Sponsor into the winner’s Program account weekly on a Sunday for nine (9) consecutive weeks, with a reward being valid and redeemable only for one (1) week after loading. Rewards subject to the terms, conditions, limitations and restrictions of the reward. A reward must be redeemed at a participating Einstein Bros.  bakery during the week valid for such reward. An unused reward for a week will be removed from the winner’s Program account, for which no consideration will be awarded.

 

  • Second Prize. A Second Prize consists of and is limited to an award of fifty-two (52) bagel and coffee rewards, each for one (1) bagel with cream cheese (one (1) bagel with cream cheese per week for fifty-two (52) weeks; excludes gourmet, specialty or topped bagels and add-ons) and one (1) medium drip coffee per week for fifty-two (52) weeks. No substitutions are allowed when redeeming a reward. FRV of a Second Prize is $334 and the total FRV of all Second Prizes is $1,002. A reward will be loaded by Sponsor into the winner’s Program account weekly on a Sunday for fifty-two (52) consecutive weeks, with a reward being valid and redeemable only for one (1) week after loading. Rewards subject to the terms, conditions, limitations and restrictions of the reward. A reward must be redeemed at a participating Einstein Bros. bakery during the week valid for such reward. An unused reward for a week will be removed from the winner’s Program account, for which no consideration will be awarded.

 

  • All Prizes. Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. A prize must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or any prize supplier or for which Sponsor or any prize supplier shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if the prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of a prize shall be forfeited (for which no consideration shall be awarded) and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. The Grand Prize winner will be issued an IRS Form 1099 for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. LIMIT: One (1) prize per person or address (physical or email) in this

 

  1. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online, on websites and in social media), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.

 

  1. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non- electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non- suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website, application or undermine the legitimate operation of this Sweepstakes 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 Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.

 

  1. Miscellaneous. All Grand Prize activities (including, without limitation, travel and lodging). Winner’s companions must, as of the date of travel, be a legal resident of the 48 participating United States who is eighteen (18) years of age or older; provided, that a companion under eighteen (18) years old may accompany the winner if also accompanied by such minor companion’s parent or legal guardian. Winner’s companions must execute and deliver to Sponsor a notarized Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release in the form(s) provided by Sponsor by the date indicated for return on the document(s) prior to travel booking and travel documents being issued as a condition to booking or use of any component of the prize; which documents must also be executed by the accompanying parent or legal guardian for any minor companion on behalf of such parent or legal guardian and on behalf of the minor companion. Winner and winner’s companions may also be required to execute and deliver to prize supplier liability and publicity waivers in such form(s) as provided by Universal Orlando. Any winner’s primary residence must be within the Sweepstakes territory. Method of administration of airline carrier and seating determined by Universal Orlando in its sole discretion as well as method of transportation and provider as determined by Universal Orlando in its sole discretion. 3-Park, 3-Day Park-to-Park Tickets for admission to Universal Studios Florida, Universal’s Islands of Adventure and Universal’s Volcano Bay theme parks tickets are subject to the terms, conditions, limitations and restrictions thereof, and must be used during three (3) consecutive days); Actual FRV depends on location of originating airport, fares and rates at the time of booking, and modes of ground transportation; if actual FRV is less than the stated FRV in these Official Rules, the difference will not be awarded in cash or other consideration. All Grand Prize activities (including, without limitation, travel and lodging) must be taken and completed by July 31, 2020, or the Grand Prize will be forfeited in its entirety, for which no consideration will be awarded. Travel arrangements for the Grand Prize Vacation Package will be administered through Universal Orlando or its designee at least sixty (60) days prior to intended departure date. If winner and his/her guests cannot travel within specified timeline, prize will be forfeited in its entirety, for which no consideration will be awarded. All costs and expenses not specified herein, related to the prize or the use thereof, including but not limited to additional transportation costs (including ground transportation at point of origin, and additional ground transportation while using the Grand Prize), additional lodging, meals, taxes and assessments (including, without limitation, income taxes, departure taxes, ticket taxes and fees), baggage fees, service charges or facility charges, personal charges at hotel, incidental hotel expenses, gratuities, insurance, surcharges and other expenses incurred by accepting and using the prize are the sole responsibility of the winner. Those without proper travel and citizenship documentation will be denied boarding and use of the prize. Grand Prize consists of only the items specifically listed as part of the Grand Prize in these Official Rules.

 

  1. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries, affiliates and franchisees (including licensees), and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers (including Universal Orlando and Coca- Cola), and all of their respective employees, officers, directors, owners and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.

 

  1. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription or posting of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) 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; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the posting or processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext

 

  1. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded (excluding those as specified in Section 6) shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in the City and County of Denver, Colorado, entrant 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, including costs associated with entering this Sweepstakes 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 Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes 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. Notwithstanding the foregoing, as to claims directly against Universal Orlando, the additional dispute provisions of Section 6(a) shall also apply.

 

  1. DATA COLLECTION. Entrants provide personal information to Sponsor and its designees when they enter the Sweepstakes. Sponsor and its designees collect this information and use it to (a) administer this Sweepstakes and (b) for market research and for other marketing purposes. Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you. For more information about the ways Sponsor uses  and shares personal information collected online through its website, please see the Privacy Policy of Sponsor located at https://www.coffeeandbagels.com/privacy-policy/.

 

  1. OFFICIAL RULES. These Official Rules are available at einsteinbros.com/summersweeps or by sending a self-addressed postage-stamped envelope to Summer Adventure Sweepstakes-Rules Request, c/o Einstein Noah Restaurant Group, Inc. Marketing Department, 555 Zang Street, Suite 300, Lakewood, Colorado 80228. Requests must be received by September 15, 2019. Vermont residents may omit return postage.

 

  1. WINNERS’ LIST. To request a list of the Sweepstakes winners, send a self-addressed postage-stamped envelope to Summer Adventure Sweepstakes – Winners’ List, c/o Einstein Noah Restaurant Group, Inc. Marketing Department, 555 Zang Street, Suite 300, Lakewood, Colorado 80228. Requests must be received by September 15, 2019.

 

  1. SPONSOR. The Sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Einstein Noah Restaurant Group, Inc., 555 Zang Street, Suite 300, Lakewood, Colorado 80228.

 

Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort and The Coca-Cola Company are not sponsors of the Sweepstakes, and are not responsible for the conduct or administration of the Sweepstakes.