EA SPORTS Active Sweepstakes - OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL
NOT INCREASE YOUR CHANCE OF WINNING.

2. Eligibility

The Tropical Smoothie Café EA SPORTS Active Sweepstakes (this "Promotion") is open only to individual persons (each, an "Entrant") who are legal residents of the contiguous United States (the "Territory") and are 18 years or older as of the beginning of the Promotion Period (as defined below). Limit one entry per person, per e-mail address, per telephone number and per household. Multiple entries submitted by an Entrant, or any effort by an Entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify all entries of that Entrant. Entries generated by a script, macro or other automated means are void. Entrants who disregard these Official Rules are ineligible to win. Officers, directors, employees, contractors, representatives and agents of Tropical Smoothie Café Development Corporation (“Tropical Smoothie Café”), and each of their respective immediate families and household members are not eligible to enter this Promotion.

3. How to Enter

This Promotion begins at 12 AM Eastern Time ("ET") on Monday January 4th, 2010 and ends at 12 AM ET (the "End Time") on Wednesday March 31st, 2010 (the "Promotion Period"). To enter this Promotion, go to the www.tropicalsmoothiecafe.com (the "Promotion Website"), complete the online entry form and click "submit" ("Entries"). Entrant must provide the following information: first name, last name, date of birth, email address, ZIP code. Entries must be received by the End Time on the last date of the Promotion Period. Tropical Smoothie Café is not responsible for injury or damage to Entrants’ or to any other person's computer related to or resulting from participating in this Promotion.

Tropical Smoothie Café is not responsible for any misdirected, lost, late, inaccurate or incomplete entries, and such entries will be void. Tropical Smoothie Café is not responsible for: (1) any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, (2) garbled or jumbled transmissions, (3) service provider/Internet/web site/use net accessibility or availability, traffic congestion, (4) unauthorized human intervention or (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information. All entries and other materials submitted by Entrants in connection with this Promotion become the property of Tropical Smoothie Café and will not be returned or acknowledged. Proof of sending or submission will not be deemed to be proof of receipt by Tropical Smoothie Café. By entering this Promotion, unless prohibited by law, each Entrant grants to Tropical Smoothie Café the right to use, display, distribute or publish such Entrant’s name, likeness, photograph, voice, address (city and state), biographical information, and any material based thereon or derived there from, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Promotion or as Tropical Smoothie Café otherwise determines in its sole discretion, and for purposes of advertising or trade in promoting or publicizing Tropical Smoothie Café, its products and/or services, without compensation. Acceptance of a Prize constitutes a waiver of any claims to compensation, royalties, or other remuneration for such use.

4. Prizes

Tropical Smoothie Café will award a EA SPORTS Active In-Home Fitness Package (the “Prize”) on April 1st, 2010. The approximate retail value of the prize is $2,500. The Prize cannot be substituted, exchanged or transferred, except that Tropical Smoothie Café reserves the right, in its sole discretion, to substitute a prize of equal or greater value.

Actual retail value of the Prize depends on location of winner. Prize includes: (a) $2,000 towards the purchase of a plasma TV and gaming; (b) EA SPORTS Active Personal; (c) EA SPORTS Active More Workouts; (d) $200.00 Adidas gift card; (e) $250.00 Tropical Smoothie Café gift card.

If a selected Prizewinner is unable to redeem the certificate by July 31st 2010, the selected Prizewinner will forfeit the prize.

5. Drawing and Odds of Winning

Prizewinner will be selected in a random drawing from among all eligible Entries received, through a programmed, randomized selection process, to be held daily during the Promotion Period. Drawing shall be conducted by Tropical Smoothie Café whose decisions are final and binding with respect to all aspects of this Promotion. Prizewinner will be checked against prior prizewinners based on email address to avoid multiple-time winners. The odds of winning a Prize will be determined by the number of eligible entries received estimated at 1:2500.

6. Prize Winners

The potential Prizewinner and his/her entry shall be subject to verification and the requirements of these Official Rules. Tropical Smoothie Café will notify Prizewinner by automated email service originating from giveaway@tropicalsmoothie.com or by a phone call. Upon email notifying Entrant of winning selection, Entrant must email verification of personal information entered during registration to Tropical Smoothie Café Corporate Offices at giveaway@tropicalsmoothie.com. Entrant agrees that Tropical Smoothie Café may broadcast such notification live and/or recorded in various media. Tropical Smoothie Café will require Prizewinner to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 (if required by IRS regulations) prior to the delivery of any Prize (collectively, "Affidavit"). If a Prize winner is found to be ineligible, fails to execute any documentation required by Tropical Smoothie Café and/or a Prize is returned as undeliverable, Tropical Smoothie Café will consider such Prize winner to have forfeited the Prize. Tropical Smoothie Café reserves the right to modify notification procedures in its sole discretion, if necessary due to time constraints. If a Prize is won by a person who is not of the legal age of majority in his/her state of residence (a "Minor"), the Minor's parent or legal guardian will be required to execute the Affidavit on the Minor’s behalf. Tropical Smoothie Café reserves the right to disqualify any Entrant for any reason, including without limitation, if that Entrant has not complied with these Official Rules or has interfered, in Tropical Smoothie Café’s sole opinion, with the proper conduct of this Promotion. Payment of all taxes is the sole responsibility of each Prizewinner. Prizewinners may be issued an IRS Form 1099 for the approximate retail value of the applicable Prizes.

7. Use of Entrant Information for Marketing Purposes

By entering this Promotion, Entrant agrees that, unless Entrant otherwise opts out on the Promotion Website, Tropical Smoothie Café and its designees may use Entrant’s, physical and/or e-mail address to contact Entrant regarding Tropical Smoothie Café and other offers and/or promotions that Tropical Smoothie Café believes may interest Entrant.

8. Dispute Resolutions; Limitation of Liability

Each Entrant hereby releases, and agrees to defend, indemnify and hold harmless Tropical Smoothie Café, those working on its behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Promotion or the awarding, acceptance, use or misuse of any Prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the laws of the State of Florida, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Promotion shall take place exclusively in the federal or state courts sitting in Destin, Florida, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Florida. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

9. General Conditions

This Promotion is subject to the laws of the state of Florida. By entering this Promotion, each Entrant agrees to be bound by these Official Rules and the decisions of Tropical Smoothie Café, and to accept delivery of the Prize based upon availability. In addition, each Entrant represents and warrants that all information contained in his/her entry is true and accurate. Tropical Smoothie Café is not responsible for any printing errors in these Official Rules. In the event this Promotion is compromised for any reason (including computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of Tropical Smoothie Café) which, in the sole opinion of Tropical Smoothie Café, corrupts or impairs the administration, security, fairness or proper play of this Promotion, Tropical Smoothie Café reserves the right in its sole discretion to suspend, modify or terminate this Promotion. Tropical Smoothie Café is not responsible if any Promotion cannot be implemented or any Prize cannot be awarded due to delays or interruptions beyond Tropical Smoothie Café’s control, including those due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way in Tropical Smoothie Café’s sole discretion shall be disqualified. This Promotion is void where prohibited.

10. Promotion Sponsor & Obtaining A Winner's List

This Promotion is sponsored by
Tropical Smoothie Café Development Corporation,
4100 Legendary Drive, Suite 250
Destin, Florida 32541.

To receive a list of Prize winners, send a self-addressed, stamped envelope (except where prohibited), and a note identifying the name of this Promotion, after the Promotion Period has ended but within 120 days of the last date of the Promotion Period, to the address above, Attention: Promotions Department.

© 2009 Tropical Smoothie Café Development Corporation. "Tropical Smoothie Café", the Tropical Smoothie Café logo, and related marks are trademarks of Tropical Smoothie Café Development Corporation.