First Watch Survey Incentive Official Rules
The survey should take about 5 minutes to complete. Access to the survey will be closed after 1,000 survey responses are received. If you have been sent this survey in error, we apologize for the inconvenience.
By participating in this survey, you agree to keep all the contents of this survey confidential. This includes not revealing any information in this survey to others (including family or friends) and not recording, copying or distributing any content you see within it (including posting on any website or blog).
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO RECEIVE YOUR COMPLIMENTARY DIGITAL COUPON.
- VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY FILLING OUT THE SURVEY AND OBTAINING YOUR COMPLIMENTARY DIGITAL COUPON, YOU AGREE TO THE OFFICIAL RULES OF THIS FIRST WATCH SURVEY INCENTIVE (“PROMOTION”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNIFICATIONS TO THE SURVEY ENTITIES (DEFINED IN SECTION 1 BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. This registration survey (“Survey”) is open only to individuals who are legal residents and physically located in the United States, except Rhode Island, or the District of Columbia and who are at least 18 years of age or older at the time of entry. Employees, officers and directors of First Watch Restaurants, Inc. (“First Watch”) and its affiliates, subsidiaries, advertising and promotion agencies, and distributors, including Bounteous, (“Promotion Entities”), and each of such employees, officers, director’s immediate family members or those living in the same household (regardless of whether they are legally related) of each are not eligible to enter the Promotion or win a prize. Void where prohibited or restricted by law.
- How to Enter. To participate in the Promotion, you must be eligible and complete the Survey on or before the earlier to occur of: (i) 11:59 p.m. Eastern Time (“ET”) October 12, 2023, or (ii) the date that the Promotion Entities receive 1,000 Survey responses, (“Entry Period”). The Digital Coupons must be redeemed and otherwise will expire November 17, 2023(“Redemption Date”). By participating in the Survey, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of First Watch, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. To take the Survey during the Entry Period , you must have an existing email address subscribed with First Watch for promotional content and have visited a First Watch restaurant within the last 12 months. You can request a link to the Survey by emailing First Watch at firstname.lastname@example.org, and providing your first and last name and email address. First Watch will send an email containing a URL link to the Survey. Each entrant either has already submitted or will be asked to submit information, which may include personal information. Each person may only fill out one Survey during the Entry Period and can only be eligible for one Digital Coupon. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false information or otherwise may result in the entrant being disqualified. Surveys taken by a script, computer programs, macro, programmed, robotic or other automated means are void and may be void and disqualified from eligibility. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be void or disqualified at First Watch’s sole and absolute discretion. All materials submitted become the property of First Watch and will not be returned. If a dispute arises over the identity of an online entrant, entry will be deemed submitted by the registered email account holder associated with the entry. If a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to First Watch’s satisfaction, the affected entry will be deemed ineligible. An entry is “received” when First Watch’s servers record the entry information. Proof of sending (such as an automated computer receipt) does not constitute proof of actual receipt for purposes of the Survey. First Watch’s database clock will be the official timekeeper for the Survey. First Watch may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entries into one campaign, contest or sweepstakes does not constitute entry into any other.
- Claiming the Survey Incentive. All individuals who take the Survey in accordance with these Official Rules are eligible to receive a digital coupon which can be applied towards a purchase at participating First Watch restaurants (“Digital Coupon”) by presenting the Digital Coupon at a participating First Watch restaurant (“Restaurant”). A computer or internet enabled device is required to redeem the Digital Coupon, and all Digital Coupons must be redeemed by the Redemption Date. First Watch has complete discretion over interpretation of the Official Rules, administration of the Survey, and selection of winner(s). The Survey Entities are not responsible for false, incorrect, changed, incomplete or ineligible contact information. The Survey Entities are not responsible for and will not be liable for the failure or inability of any participant to redeem the Digital Coupon.
- Prizes and Values. Each eligible Survey participant will receive a Digital Coupon. The total number of prizes that can be awarded are limited to a maximum of 1,000, but there may be fewer based upon the eligible entries received during the Entry Period. The individual value of a Digital Coupon may vary, but is approximately $5.00. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions. All prize details not specified in these Official Rules will be determined in First Watch’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions. All Digital Coupons are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All recipients will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.
- Waivers, Disclaimers and Releases. By participating in the Survey and redeeming the Digital Coupon, entrants agree to release, discharge and hold harmless the Promotion Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Survey or use of the Digital Coupon (including without limitation, losses, damages or injuries to entrants or any other person’s equipment or other property, or to their persons; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Survey activity or prize). Without limiting the foregoing, entrants agree the Released Parties: (A) have neither made nor will be in any way responsible or liable for any warranty, representation or guaranteed, express or implied, in fact or in law, in connection with the Survey or prizes including without limitation to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment, or operation of any carrier, transportation company, delivery company, manufacturer, or other person or entity furnishing services, products or accommodation (“Suppliers”) as part of the prizes provided in connection with the Promotion; and (C) will not be responsible or liable for any injury, damage, loss, expenses, accident, delay, inconvenience or anything else that may cause or contribute to: (1) the wrongful, negligent or unauthorized act or omission of the Suppliers or any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that Released Parties will have no responsibility or liability for discontinued prizes, human error, incorrect transcription of registration or account information, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software or Internet service provider utilized by First Watch; interruption or inability to access websites or applications or First Watch’s websites or applications, or any other online service via the Internet due to hardware or software compatibility problems, interruption or inability to access Supplier’s websites or applications, inability to redeem to the Digital Coupon, any damage to participant’s or a third person’s computer or its contents related to or resulting from any part of the Promotion or prize, any lost/delayed data transmissions, omissions, viruses, bugs, defects or any other errors or malfunctions even if caused by the negligence of Released Parties. Entrants agree to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Survey or use of the Digital Coupon and to release all rights to bring any claim, action or proceeding against Released Parties and acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided by a Supplier. First Watch is not responsible for actions of entrants in connection with the Survey, including attempts to circumvent the Official Rules. BY COMPLETING THE SURVEY, ENTRANT AGREES TO THE EXTENT PERMITTED BY LAW: (A) ANY DISPUTES, CLAIMS, AND CAUSES OF ACTIONS ARISING OUT OF OR CONNECTED WITH THE SURVEY OR ANY PRIZE, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $10.00, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) IN NO EVENT WILL ENTRANTS BE PERMITTED TO OBTAIN ANY AWARD FOR AND ENTRANTS KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED $10.00, OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- Choice of Law and Forum. Entrant agrees that all matters arising out of or relating to this sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of Florida, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Bradenton, Florida.
Sponsor: First Watch Restaurants, Inc., Attn: Marketing, 8725 Pendery Place, Suite 201, Bradenton, FL 34201