First Watch Summer Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING. VOID IN NEW YORK, RHODE ISLAND, PUERTO RICO AND WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. Odds of winning will depend on the number of eligible entries received.
ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE APPLICATION AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES. DISQUALIFICATION IS IN THE SOLE DISCRETION OF FIRST WATCH RESTAURANTS, INC.
First Watch Restaurants, Inc. will conduct the First Watch Summer Sweepstakes (“Sweepstakes”) substantially as described in these Official Rules (“Rules”). Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Rules. This Sweepstakes may be temporarily postponed or discontinued at any time without prior notice. The Sweepstakes is void where prohibited and is subject to all federal, state, and local laws and regulations.
This Sweepstakes, and all Sweepstakes material, is © 2013 by First Watch Restaurants, Inc. (“First Watch”). All rights reserved.
1. Eligibility: Entrants must be legal US residents (excluding residents of New York, Puerto Rico and Rhode Island) and at least 18 years old or above at the time of entry, as determined by First Watch. Employees of First Watch and members of the immediate families of such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sweepstakes Period: The Sweepstakes begins on Monday, August 12, 2013 at 7:00am EST and ends on Monday, September 30, 2013 at 2:30pm EST (the “Sweepstakes Period”). First Watch reserves the right to shorten or extend the Sweepstakes Period.
3. Sweepstakes Entry: To enter the Sweepstakes, you may join the Sun eClub by entering your name, birthday and email address. You may opt out of being a Sun eClub member at any time. You may sign up either by completing the Sun eClub sign up slip at the restaurant or joining the Sun eClub online. All existing Sun eClub members will automatically be entered for a chance to win. You do not have to Join the Sun eClub to enter to win. You may also enter the Sweepstakes by mailing a hand-written, self-addressed standard-size postcard with your name, email address (written out twice to confirm accuracy), date of birth, favorite First Watch Restaurant address and “I have read and agree to the sweepstakes rules” to: First Watch Summer Sweepstakes, c/o First Watch Restaurants, Inc., 8027 Cooper Creek Blvd. #103 University Park, FL 34201. Postcard entries must be postmarked during the Sweepstakes Period to be included within the random drawing. There will be (1) grand prize winner per restaurant and (1) grand prize winner for the alternate entries who will receive complimentary Breakfast, Brunch or Lunch for two once a week for a year. The random drawings will be conducted at First Watch’s principal office on October 2, 2013. All entries become the property of First Watch and will not be returned. Information provided is being disclosed to First Watch. Incomplete entries will be disqualified. Only one prize per person, household, or email address allowed. Duplicate entries will not be accepted.
4. Prize: Each winner will receive complimentary Breakfast, Brunch or Lunch for two once a week for a year, with an actual retail value of $1,040. A year of free Breakfast, Brunch or Lunch for two will be awarded as 52 Brunch Bucks. Each Brunch Buck offers complimentary Breakfast, Brunch or Lunch for two ($20 value). Odds of winning will depend on the number of eligible entries received. Valid at all participating First Watch Restaurants. Valid once per week for 52 weeks beginning November 4, 2013. Please see Brunch Bucks for additional details. Not valid with any other offer. Not valid on holidays. One-time use only. Discount does not apply to sales tax or gratuities. No change will be provided. No photocopies will be accepted.
5. Winner Notifications: The Sweepstakes winners will be notified by email after 2:30pm on October 4, 2013. The winners will be contacted with the information provided during entry. First Watch shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. Winners must have a valid email address where they can be notified, or First Watch reserves the right to award the prize to another winner. If, despite reasonable efforts, any potential prize winner does not respond within ten (10) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize and an alternate winner may be selected at random from the total remaining eligible entries. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Rules or declines a prize for any reason prior to award or if he or she fails to claim his or her prize within the time period set forth in Section 6 below, such potential prize winner will be disqualified and an alternate prize winner may be selected at random from the total remaining eligible entries. First Watch is not responsible for false or incorrectly entered contact information. In the event of a dispute as to any entry, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) which is responsible for assigning email addresses for the domain associated with the submitted email address. Proof of being the authorized account holder may be required. If a dispute cannot be resolved to First Watch’s satisfaction, the entry will be deemed ineligible.
6. Prize Acceptance/Restrictions: Only one (1) winner per household. Winners are subject to verification by First Watch of the winner’s name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00). In order to claim his or her prize, each winner must appear in person at his or her local First Watch Restaurant within thirty (30) days of his or her receipt of email notification from First Watch that he or she has won a prize. Winners will be required to sign an Affidavit of Eligibility/Release of Liability and Publicity. Failure to do so will disqualify the winner. No entries from individuals under the age of 18 will be accepted. If a winner is disqualified, First Watch reserves the right to determine an alternate winner or to not award that winner’s prize at all. Prizes cannot be redeemed for cash or substituted for any other items by any winner. Prizes are non-assignable and non-transferrable. First Watch reserves the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason. Costs of transportation, accommodations, or any other expenses incurred by winners, except as explicitly set forth herein, are the sole responsibility of the winners. Winners may not be required to purchase goods or services, pay any money or, where applicable, submit to a sales promotion effort in order to receive the prize.
7. Publicity Release: By participating in the Sweepstakes, each entrant acknowledges that his/her entry in the Sweepstakes constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, voice, likeness, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
8. Telephone and Delivery Disclaimer: First Watch disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond First Watch’s control, or otherwise. First Watch disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. First Watch is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions, or failures of any kind, including failed, incomplete, garbled, or delayed transmission of entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections, which may limit an entrant’s ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. First Watch reserves the right to cancel the Sweepstakes if it becomes technically corrupted.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, FIRST WATCH RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW AND TO DISQUALIFY ANY SUCH INDIVIDUAL FROM PARTICIPATION IN THE SWEEPSTAKES OR ANY OTHER SWEEPSTAKES.
9. Taxes: Any valuation of the prize(s) stated above is based on available information provided to First Watch, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from First Watch at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide First Watch with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded.
10. Conditions: First Watch reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, interruption in wireless calling devices or wireless service, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in First Watch’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Sweepstakes becomes corrupted due to wireless calling service interruption for any reason, or (d) the Sweepstakes is otherwise not capable of running as planned. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges. Any entrant who attempts to tamper with this Sweepstakes in any way or use fraudulent means to participate in and/or win the Sweepstakes shall be disqualified. First Watch reserves the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. First Watch and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays. Other than the prizes received by the winner, no entrant shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Sweepstakes. First Watch shall have the sole discretion to administer the Sweepstakes and interpret and apply the Rules.
11. Indemnification/Hold Harmless: By participating, entrants agree: (a) to the Rules and decisions of First Watch, which shall be final in all respects; (b) to release, discharge, indemnify and hold harmless First Watch, Facebook, and their respective affiliates, parents, subsidiaries, divisions, franchisees, consultants, legal counsel, advertising and promotion agencies, officers, directors, employees, representatives, and agents (the “Released Parties”) from and against any and all claims, actions, liability, injuries, losses or damages of any kind to persons, including but not limited to death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of a prize, or from participation in and/or entry into the Sweepstakes or any Sweepstakes-related activity and for acceptance, delivery, or use of any prize; (c) that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the Sweepstakes, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Sweepstakes, including attorneys’ fees.
12. Limitation of Liability: The Released Parties are not responsible or liable for any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Sweepstakes or in the announcement of the prize(s) and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (ii) failure of any entry to be received by First Watch due to technical problems, telephone service problems, human error, or wireless calling service, (iii) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof). Any expenses incurred by the entrant during the application process, including but not limited to, postage are the sole responsibility of each entrant and First Watch will not issue reimbursement for any expenses.
UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.
13. Choice of Law/Forum: All entrants agree, by participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Ohio. Ohio law shall govern this Sweepstakes, without regard Ohio’s choice of law rules. The courts of Ohio shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.
14. Official Rules: To request a copy of the Rules, send a self-addressed stamped envelope to First Watch, at 8027 Cooper Creek Blvd. #103 University Park, FL 34201 by September 30, 2013. Copies of these Rules are also available online at www.firstwatch.com/summersweepstakes.htm
15. Names of Winners: For a list of prize winners, send a separate, self-addressed, stamped envelope to First Watch Restaurants, Inc. Attn: Summer Sweepstakes Winners 8027 Cooper Creek Blvd. #103 University Park, FL 34201, after November 4, 2013.
16. Compliance with Law: The conduct of the Sweepstakes is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. First Watch shall follow the applicable laws for conducting Sweepstakes.
17. Privacy: We value your privacy. Information provided will only be used for the purposes and in the manner described herein.
18. Sponsor: This Sweepstakes is sponsored and administered by First Watch Restaurants, Inc., 8027 Cooper Creek Blvd. #103 University Park, FL 34201
NO PURCHASE NECESSARY.