Corner Bakery Cafe “Extend Your Summer” Sweepstakes
Sponsor: CBC Restaurant Corp., 12700 Park Central Drive, Dallas, TX 75251
NO PURCHASE NECESSARY.
ELIGIBILITY. Corner Bakery Cafe “Extend Your Summer” Sweepstakes (“Sweepstakes”) is open only to legal residents of the (48) contiguous United States and Washington, DC, who are 18 years of age or older. Sweepstakes is void in Alaska, Hawaii, Puerto Rico and where prohibited by law. Employees, officers and directors (and their immediate families, regardless of where they live, and same household members, whether related or not) of Sponsor, its parent company, subsidiaries, affiliates, franchisees, agencies, prize suppliers and other entities involved in the design, development, production and implementation of the Sweepstakes are NOT eligible for the Sweepstakes. For purposes of these Official Rules, “immediate family” is defined as parent, child, sibling, spouse as well as the spouses of a child or sibling. In addition, any person who won a prize in sweepstakes or contest promotion sponsored by CBC Restaurant Corp. any time after June 1, 2018 is NOT eligible for the Sweepstakes. (For the avoidance of doubt, persons who received a gift – such as, a free sweet at Corner Bakery Cafe – or other benefit from Sponsor after June 1, 2018 ARE eligible).
1. SWEEPSTAKES PERIOD. Sweepstakes begins 12:01 a.m. Central Time (CT) on June 1, 2019 and ends 11:59 p.m. CT on August 19, 2019. Sponsor’s computer is the official clock for all purposes of the Sweepstakes.
2. HOW TO ENTER- CORNER BAKERY CAFE ECLUB SIGN-UP.
(b) For persons who access the mobile website via text message, standard message and data rates apply; other charges (including for wireless Internet access) may also apply to all mobile website users. Be sure to check your wireless carrier’s pricing plan BEFORE entering via mobile website. Not all mobile devices offer text and/or wireless Internet functionality; and, text and wireless Internet access may not be available in all areas.
(c) For persons who access the mobile website via text message, sending text message alone will NOT result in entry. To enter, after sending the text, such persons must register for the Corner Bakery Cafe EClub on the mobile website.
(d) If already a member of the Corner Bakery Cafe EClub, you may still enter the Sweepstakes by updating your personal information (or indicating that your personal information is accurate and current) on the mobile website/website. This includes persons who became members of the Corner Bakery Cafe EClub by entering a previous Corner Bakery Cafe sweepstakes. (For the avoidance of doubt, if you registered for the Corner Bakery Cafe EClub and thereby entered a previous Corner Bakery Cafe sweepstakes, doing so will not result in automatic entry in this Sweepstakes.)
(e) In the event of a dispute over the identity of a Corner Bakery Cafe EClub entrant, entry will be deemed submitted by the Authorized Account Holder of the email account used to register for the Corner Bakery Cafe EClub. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
(f) Receipt of your registration (or updating/confirming accuracy and currency of personal information, as the case may be) for Corner Bakery Cafe EClub will be acknowledged. However, such acknowledgment merely indicates that your entry was received and is not binding upon Sponsor in any other respect; by way of example only, such acknowledgment does not constitute any representation as to Sweepstakes eligibility or notification of selection as the prize winner in the Sweepstakes.
3. HOW TO ENTER - MAIL.
(a) Mail a 3” x 5” card on which you have handprinted your name, date of birth, email address and zip code in a business-sized (#10) envelope to: Corner Bakery Cafe, Attn: “Extend Your Summer” Sweepstakes, 12700 Park Central Dr., Ste. 1300, Dallas, TX 75251, to be postmarked by August 20, 2019 and received by August 27, 2019.
(b) No photocopied or mechanically reproduced 3”x5” cards will be accepted
(c) Mail-in entries (3”x5” cards) become the sole property of Sponsor and receipt of same will not be acknowledged nor will they be returned.
(d) For the avoidance of doubt, mail-in entrants will NOT become members of Corner Bakery Cafe EClub.
4. ADDITIONAL ENTRY RESTRICTIONS.
(a) By participating, you agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
(b) Limit of one (1) entry per person. (A person may enter via Corner Bakery Cafe EClub membership OR mail-in entry, but NOT by using both entry methods.) Violation of this limit will result in only the initial entry being accepted (if eligible.) However, should Sponsor determine that a given individual has engaged in repeated, egregious or blatant violations of the entry limit, Sponsor reserves the right to disqualify such individual from this Sweepstakes, terminate their membership in the Corner Bakery Cafe EClub (if applicable), prevent their participation in future sweepstakes/contests/promotions offered by Sponsor and perhaps pursue legal sanctions against them.
(c) Use of automated, programmed or like means of entry (including third party sweepstakes entry services) is prohibited.
(d) Proof of transmission of Corner Bakery Cafe EClub membership information or mailing of 3”x5” card does not constitute proof of receipt of same by Sponsor or proof of entry in the Sweepstakes.
5. RANDOM DRAWING & WINNER NOTIFICATION.
(a) The winner will be selected in a random drawing which will be conducted by Sponsor on or about September 3, 2019. The random drawing will consist of all eligible entries received.
(b) The potential winner will be notified by email and will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within five (5) days of date of notification. Failure to timely return the completed and signed Affidavit/Release for any reason or if potential winner cannot be contacted for any reason (including prize notification email being classified as “Junk” or “SPAM”); or, if potential winner is determined by Sponsor to be ineligible or not in full compliance with these Official Rules, will result in prize forfeiture without compensation and an alternate potential winner will be selected from among all remaining eligible entries received for the random drawing.
6. PRIZE/ODDS OF WINNING.
(a) Prize (1) -8 day/7 night trip for winner and one (1) guest to Hawaii. Trip includes roundtrip coach air travel between airport nearest winner’s residence (via direct or connecting service) and Honolulu; accommodations in hotel on or near Waikiki Beach (standard room, double occupancy); travel insurance for winner and guest. Value of Prize: $5000. If the total actual retail value of prize is less than $5000, winner will receive any difference in value in cash and/or gift card(s) as determined in Sponsor’s sole discretion. But, if the total actual retail value of the Prize is $5000, winner will not receive any prize other than the trip and Sponsor shall have no further liability or obligation to winner. Sponsor’s decisions as to the determination of the total actual retail value of trip elements is final and binding in all respects and is not subject to appeal. Winner further agrees that Sponsor’s determinations as to the value of the trip elements is confidential and proprietary to Sponsor; winner expressly waives any right to review Sponsor’s determinations as to the value of trip elements.
(b) Odds of winning the Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period.
7. PRIZE RESTRICTIONS
(a) Grand Prize trip is subject to availability, blackout dates and other restrictions. Winner must provide at least 45 days’ notice prior to intended date of departure. Grand Prize travel must be completed by October 1, 2020. All travel arrangements must be made using Sponsor’s designated travel agent. Winner will select hotel from among several options provided by Sponsor/designated travel agent, with winner’s selection being subject to Sponsor’s approval. Sponsor must approve flight arrangements; although Sponsor and designated travel agent will seek to fulfill winner’s preferences, winner may therefore not receive his/her first choice of flights. Guest of winner (if a minor, his/her parent or legal guardian) must complete, sign and return a Liability Release and a Publicity Release (where lawful) prior to issuance of travel documents. If guest is a minor, his/her parent or legal guardian must be the Grand Prize winner. Winner and guest must travel together on approved itinerary. Should winner choose to accept trip without a guest for any reason, Grand Prize will be awarded in increments appropriate for one (1) traveler (i.e., the winner him/herself) thereby reducing the total actual retail value of the trip as per Rule 6 above. It is the sole responsibility of winner and his/her guest to possess any necessary travel documents. Winner and guest must conduct themselves at all times in an appropriate, well-behaved and respectable manner during the trip. Failure to do so will result in forfeiture of prize and/or termination of trip with forfeiture of any cash/gift cards for difference between total actual retail value of trip and $5000 (if and as applicable), without liability to Sponsor; and, Sponsor further reserves the right to pursue all available legal remedies against winner and/or guest under such circumstances. Winner and guest will not receive any award points, frequent flier miles or similar “perks” in conjunction with Grand Prize travel.
(b) Sponsor shall determine in its sole discretion all aspects of travel insurance, including specific types of losses covered (for example, trip cancellation, medical expenses), insurance carrier and coverage amounts. Sponsor disclaims any and all liability under any legal theory if winner and/or guest is not eligible for insurance policy for any reason or if winner and/or guest is eligible for insurance policy but any incurred losses are not covered by insurance carrier for any reason. All terms and conditions of the insurance policy apply to winner and guest, except for the payment of premium—insurance policy is a contractual relationship between the insurance carrier and winner/guest, with Sponsor’s role being limited to facilitating such relationship. Should winner and/or guest wish to supplement coverage under insurance policy, either may do so at their sole expense (assuming that the insurance policy provides for same.)
(c) To the extent applicable, Sponsor will determine issuer of gift card(s) in its sole discretion. Use of gift card(s) is subject to issuer’s terms and conditions, which may include expiration date.
(d) SPONSOR MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND (DIRECT OR INDIRECT, EXPRESS OR IMPLIED) REGARDING THE PRIZE OR ANY ELEMENT THEREOF, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE. Prize must be accepted as awarded. Winner is solely responsible for all unspecified expenses in conjunction with prize acceptance and use. By way of example only, such expenses include costs of travel to and from departure airport, souvenirs and other incidental expenses in conjunction with travel. All taxes on prize are the winner’s sole responsibility. Sponsor shall advise the Internal Revenue Service via IRS 1099 Tax Form of winner’s receipt of Grand Prize and its value [i.e., $5000]; and, winner agrees to fully cooperate with Sponsor as to its fulfillment of such reporting obligation by providing his/her Social Security Number via IRS W9 Tax Form and otherwise. Images of prize elements in Sweepstakes advertising are intended for illustrative purposes only and Sponsor disclaims any and all liability for any deviation of actual prize from such depictions. Prize is not transferable without the express written consent of Sponsor, which may be granted or withheld in its sole discretion and without liability of any kind. Prize is not exchangeable or redeemable for cash (except for gift card component of prize, if applicable, and only where cash redemption of gift cards is required by law). No prize substitution except as expressly set forth herein and due to prize unavailability for any reason, Sponsor may substitute an alternative prize (or prize component) of comparable value for advertised prize/prize component.
(a) By accepting prize, where legal, winner agrees to the use of winner’s name, image, photo, likeness, and other indicia of persona/identity for advertising/trade/publicity purposes by Sponsor and its designees without further compensation, notice or approval.
(b) By participating, entrant releases and agrees to hold harmless CBC Restaurant Corp., its parent company, subsidiaries, affiliates, franchisees, and their respective directors, officers, employees, shareholders, representatives, agents, prize suppliers, successors and assigns, as well as Facebook/Instagram and Twitter, from any and all liability arising from participating in the Sweepstakes, any Sweepstakes-related activity or the acceptance, possession, receipt or use/misuse of prize, if and as applicable.
9. LIMITATIONS OF LIABILITY
(a) Sponsor assumes no liability or responsibility for late, lost, illegible/garbled, corrupted, incomplete, inaccessible/blocked, jumbled, damaged or misdirected Corner Bakery Cafe EClub membership information, 3x5 cards, or entries (all of which are void); postage due mail; any incomplete, incorrect or inaccurate information, whether caused by mobile web site or web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error; any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any mobile web site, web site, Corner Bakery Cafe EClub membership information, text messages (whether sent by or to Sponsor) or entries; and any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of email on account of technical problems or traffic congestion on the Internet or at any mobile web site, web site or any combination thereof; or for injury or damage to entrant’s or to any person’s mobile device or desktop computer (or any information/materials stored therein) related to or resulting from downloading materials from any mobile web site/web site or participating in Sweepstakes.
(b) Sponsor disclaims any and all liability for any errors in advertising or offering the Sweepstakes.
(c) Force Majeure. If the Sweepstakes cannot be conducted as originally planned due to any cause beyond Sponsor’s control (e.g., computer virus, act of fraud, strike, civil commotion, natural disaster), Sponsor may cancel, suspend, or modify the Sweepstakes (in whole or in part) and select the winner and conduct the Sweepstakes in a manner which is determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at www.cornerbakerycafe.com.
(d) Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall NOT function as a waiver of such provision.
(e) Tampering with the Sweepstakes, violation of these Official Rules or any attempt to defraud Sponsor in conjunction with the Sweepstakes (including but not limited to the Corner Bakery Cafe EClub) will result in disqualification from the Sweepstakes (if applicable), termination of membership in the Corner Bakery Cafe EClub (if applicable), prevention from participation in future sweepstakes/contests/promotions offered by Sponsor and perhaps legal sanctions.
(a) Dispute Resolution. Any dispute or claim regarding the Sweepstakes will be resolved pursuant to laws of the State of Texas, without regard to conflicts of law principles. All entrants consent to the personal and exclusive jurisdiction of the federal or state courts located in the Dallas County, Texas and waive any right of change of venue, forum non conveniens or the like. Entrants further agree, to the fullest extent permitted by law, that any legal action regarding the Sweepstakes will be brought individually (and not as part of a class action) and that their recovery in any such legal action shall be limited to actual out-of-pocket costs incurred in participating in the Sweepstakes (if any), with any right to other damages/relief and attorney’s fees being expressly waived.
(b) This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter.
(c) Winner’s List. For winner (first name, last initial; city/state), send a self-addressed stamped envelope to Corner Bakery Cafe, Attn: “Extend Your Summer” Sweepstakes, 12700 Park Central Dr., Ste. 1300, Dallas, TX 75251 with CORNER BAKERY CAFE WINNERS LIST REQUEST on the outer envelope. Requests must be received by September 16, 2019. Winner’s list will be available after October 10, 2019.