Tropical Smoothie Cafe :: Cater The Day Giveaway Sweepstakes Rules

Cater The Day Giveaway
OFFICIAL RULES

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

2. Eligibility
The Tropical Smoothie Cater The Day Giveaway (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 Sunday November 1st, 2009 and ends at 12
AM ET (the "End Time") on Tuesday December 29th, 2009 (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 proved 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 free catering certificate (the “Prize”) daily starting November 25th, 2009 and ending December 29th, 2009. The approximate retail value of each certificate is $100.

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. Daily prize includes: (a) One Bistro Sandwich/Toasted Wrap tray including 2 Turkey Bacon Ranch Sandwiches, 2 Cranberry Walnut Chicken Salad Sandwiches, 2 Totally Turkey Wraps, 2 King Caesar Wraps and 2 Buffalo Chicken Wraps; (b) Ten fruit smoothies (12 oz. each) including 2 Jetty Punch Smoothies, 2 Sunrise Sunset Smoothies, 2 Kiwi Quencher Smoothies, 2 Blimey Limey Smoothies and 2 Acai Berry Boost Smoothies; (c) One cookie tray with 10 cookies; (d) Ten bags of assorted chips. If a selected Prizewinner is unable to redeem the certificate by January 31st 2010, the selected Prizewinner will forfeit the prize.

5. Drawing and Odds of Winning
Prizewinners 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. All drawings shall be conducted by Tropical Smoothie Café whose decisions are final and binding with respect to all aspects of this Promotion. All prizewinners 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 37:2500.

6. Prize Winners
Each potential Prizewinner and his/her entry shall be subject to verification and the requirements of these Official Rules. Tropical Smoothie Café will notify daily Prizewinners by automated email service originating from “giveaway@tropicalsmoothie.com”. 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. Upon verification, a numbered Prize certificate will be mailed to confirmed winning Entrant. Entrant agrees that Tropical Smoothie Café may broadcast such notification live and/or recorded in various media. Tropical Smoothie Café will require Prizewinners 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 Cafe 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.

Cater The Day Giveaway

OFFICIAL RULES

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

2. Eligibility

3. How to Enter

4. Prizes

5. Drawing and Odds of Winning

6. Prize Winners

7. Use of Entrant Information for Marketing Purposes

8. Dispute Resolutions; Limitation of Liability

9. General Conditions

10. Promotion Sponsor & Obtaining A Winner's List

© 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.