“National Bagel Day Check-In Sweepstakes”
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 “National Bagel Day Check-In Sweepstakes” (the “Sweepstakes”) is only open to entrants who, as of January 15, 2020, are members in good standing of Sponsor’s Inner Circle rewards program (membership is free; to join, visit rewards.brueggers.com/join) that are permanent legal residents of the fifty (50) United States (excluding the State of Florida) and the District of Columbia at least eighteen (18) years old. An entrant must satisfy all of the foregoing eligibility requirements in order to participate in the Sweepstakes. The Sweepstakes is void outside the eligible Sweepstakes territory; in the State of Florida; and where prohibited or restricted by law. Employees, officers and directors of Bruegger’s Enterprises, Inc. (“Sponsor”), and its parents, subsidiaries, affiliates, divisions, franchisees (including licensees), advertising and promotion agencies, 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.
2. TIMING. Enter and participate on National Bagel Day on January 15, 2020 at a participating Bruegger’s Bagels location during the location’s business hours (the “Entry Period”).
3. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes; by “checking in” as an Inner Circle rewards program member when making a purchase during the Entry Period at a participating Bruegger’s Bagels location, and/or by mailing in an entry card (for which no check in or purchase is required). Your Sweepstakes entry will be associated with a specific participating Bruegger’s Bagels location as described below.
a. TO ENTER BY CHECKING IN: During the Entry Period, visit a participating Bruegger’s Bagels location and “check in” as an Inner Circle member at the time of purchase by identifying yourself as an Inner Circle member by providing the cashier the phone number associated with your Inner Circle rewards program account. Your Sweepstakes entry will be associated with the participating Bruegger’s Bagels location at which you checked in.
b. TO ENTER BY MAIL (FREE ALTERNATE METHOD OF ENTRY FOR WHICH NO PURCHASE IS REQUIRED): If you desire to obtain your entry in the Sweepstakes without making a purchase and “checking in,” you may obtain your entry by mail as described below. During the Entry Period, hand print your full name, complete home address, phone number, email address associated with your Inner Circle rewards program account, age, and complete address of the participating Bruegger’s Bagels location for which you want your entry associated, on a 3 x 5 inch piece of paper and send it by United States mail in a sealed envelope no larger than 9 1/2″ x 4 1/4″ (a #10 envelope) with correct postage to “National Bagel Day Check-In Sweepstakes – Entry,” c/o Bruegger’s Enterprises, Inc., 555 Zang Street, Suite 300, Lakewood, Colorado 80228. Mail-in entries must be postmarked on January 15, 2020 and received by Sponsor by January 22, 2020 No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any automated system to submit entries is prohibited and will result in disqualification.
c. FOR ALL ENTRIES: LIMIT: One (1) entry total per person in the Sweepstakes, regardless of method of entry. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period (or during such other dates and times as expressly specified above). All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of check in or mailing 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. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
4. 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, association of entries with participating locations/drawings, the selection of entrants and the winners, and the awarding of prizes), which are final and binding in all respects.
5. DRAWINGS; ODDS; NOTIFICATION. On or about January 27, 2020, Sponsor will randomly select one (1) potential winner for each participating Brugger’s Bagels location from among all eligible entries received by Sponsor through all methods of entry for such location. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Sweepstakes for a specific participating location. 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 email associated with the potential winner’s Inner Circle rewards program account. 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 applicable participating location. In such event, an alternate potential prize winner will be notified as described above.
6. PRIZES. A prize consists of and is limited to an award of fifty-two (52) bagel and cream cheese Inner Circle rewards (one (1) bagel and cream cheese reward per week for fifty-two (52) weeks; excludes specialty, topped or gourmet bagels, and add-ons; no substitutions). The approximate retail value (“ARV”) of a prize is one hundred sixty-five dollars ($165). Subject to the terms and conditions of these Official Rules, and based on the assumption of one hundred ninety-six (196) participating locations, one hundred ninety-six (196) prizes will be awarded in this Sweepstakes (one (1) prize per participating location) and the ARV of all prizes to be awarded in this Sweepstakes is thirty-two thousand three hundred forty dollars ($32,340). A prize award will be loaded by Sponsor into the winner’s Inner Circle rewards program account weekly on a Sunday for fifty-two (52) consecutive weeks, with a reward redeemable for one (1) bagel and cream cheese that is valid only for one (1) week after loading. A reward must be redeemed at a Bruegger’s Bagels location participating in the Sweepstakes during the week valid for such reward by checking in at the register using the winner’s phone number associated with his/her Inner Circle rewards program account (or other means of checking in then made available by Sponsor). Rewards subject to the terms, conditions and limitations of the reward. An unused reward for a week will be removed from the winner’s Inner Circle rewards program account, for which no consideration will be awarded.
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 for which Sponsor 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 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. If applicable, 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. If a winner is a minor in his/her jurisdiction of primary residence, the prize may be awarded to the minor’s parent or legal guardian who must assume all responsibilities of the prize winner. 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 Sweepstakes.
7. 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.
8. 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.
9. 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, and all of their respective employees, officers, directors, shareholders 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.
10. 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, misdirected or postage due 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 or omissions which may occur in the advertising, promotion, 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 link.
11. 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 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.
13. OFFICIAL RULES. These Official Rules are available at bagelbrands.com/brurules or by sending a self-addressed postage-stamped envelope to “National Bagel Day Check-In Sweepstakes- Rules Request,” c/o Bruegger’s Bagels, 555 Zang Street, Suite 300, Lakewood, Colorado 80228. Vermont residents may omit return postage.
14. WINNERS’ LIST. To request a list of the Sweepstakes winners, send a self-addressed postage-stamped envelope to “National Bagel Day Check-In Sweepstakes – Winners’ List,” c/o Bruegger’s Bagels, 555 Zang Street, Suite 300, Lakewood, Colorado 80228. Requests must be received by March 1, 2020.
15. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Bruegger’s Enterprises, Inc., 555 Zang Street, Suite 300, Lakewood, Colorado 80228.