2024 National Kindness Days Incentive Official Rules
The “Golden Rule” references being kind to others. At First Watch, “Be Kind” is a value that guides everything we do. Our “Stay Golden Cinnamon Roll” hits our seasonal menu for Holiday 2024 – just in time for “National Kindness Day”.
Dine in at First Watch on National Kindness Day (Wednesday, November 13), and receive a free Stay Golden Cinnamon Roll to-go to pay forward as an act of kindness when you say the phrase “KINDNESS.” One per table. Dine-in only, with purchase. While supplies last. Up to maximum of 50.
- VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY PARTICIPATING, YOU AGREE TO THE OFFICIAL RULES OF THIS 2024 NATIONAL KINDNESS DAY INCENTIVE (“PROMOTION”).
- Eligibility. This Promotion is open only to individuals who are legal residents and physically located in the United States, except Rhode Island, or the District of Columbia and who are at least 18 years of age or older at the time of entry. Employees, officers and directors of First Watch Restaurants, Inc. (“First Watch”) and its affiliates, subsidiaries, advertising and promotion agencies, and distributors, (“Promotion Entities”), and each of such employees, officers, director’s immediate family members or those living in the same household (regardless of whether they are legally related) of each are not eligible to enter the Promotion or win a prize. Void where prohibited or restricted by law. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of First Watch, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects
- How to Enter. To participate in the Promotion, you must: (i) visit a participating First Watch restaurant (“Restaurant”) location on November 13, 2024 during that location’s regular business hours (“Promotion Date”), (ii) be a dine-in guest, and (iii) say the word “KINDNESS” to your server.
* Offer not valid at the following locations: Fowler (Tampa), Carrollwood (Tampa), Wesley Chapel, Palm Harbor, Henderson (Tampa), Tyrone Crossing (St. Petersburg), Causeway Blvd. (Brandon), SR 60 (Brandon), Largo, East Bay (Clearwater), Summerfield (Riverview), Brooksville, Oldsmar, Trinity (New Port Richey), North Lutz, Bloomingdale, 4th Street (St. Petersburg), Countryside (Clearwater), New Tampa, Land O’Lakes, Westshore (Tampa), North Wesley Chapel, Apollo Beach, Charleston (WV), South Lamar (Oxford), Fern Marketplace (Shreveport), Lee’s Summit, South Columbia (MO), West Columbia (MO), Quivira (Lenexa), Bel Air (MD), Shops at St. James (Tulsa), Kendall, White Oak (Silver Spring), Heartwood Preserve (Omaha), Owings Mills, Athens, Queen Creek, Falls Church, Noblesville, South Mufreesboro.
- Limitation. One guest per table is permitted to participate in the Promotion, and a guest can only be eligible for one Prize. Subsequent attempts made by the same individual to participate may result in the individual being disqualified.
- Prizes and Values. The prize is a free Stay Golden Cinnamon Roll, packaged to-go (“Prize”). First Watch hopes that prize winners will share this Prize with others – to pay forward as an act of kindness. The total number of Prizes that can be awarded are limited to a maximum of 50 per Restaurant, but there may be fewer due to the fact that the Prizes are fresh, edible food products.
The individual value of a Prize may vary, but is approximately $5.99. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions. All prize details not specified in these Official Rules will be determined in First Watch’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions.
All recipients will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.
- Waivers, Disclaimers and Releases. By participating in the Promotion and receiving or distiribution the Prize, participants agree to release, discharge and hold harmless the Promotion Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to participants’ participation in the Promotion (including without limitation, losses, damages or injuries to participants or any other person’s equipment or other property, or to their persons; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity or prize). Without limiting the foregoing, participants agree the Released Parties: (A) have neither made nor will be in any way responsible or liable for any warranty, representation or guaranteed, express or implied, in fact or in law, in connection with the Promotion or prizes including without limitation to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment, or operation of any carrier, transportation company, delivery company, manufacturer, or other person or entity furnishing services, products or accommodation (“Suppliers”) as part of the prizes provided in connection with the Promotion; and (C) will not be responsible or liable for any injury, damage, loss, expenses, accident, delay, inconvenience or anything else that may cause or contribute to: (1) the wrongful, negligent or unauthorized act or omission of the Suppliers or any cause, condition or event whatsoever beyond the control of the Released Parties. Participants agree to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from such individual’s participation the Promotion and to release all rights to bring any claim, action or proceeding against Released Parties and acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided by a Supplier. First Watch is not responsible for actions of participants in connection with the Promotion, including attempts to circumvent the Official Rules. Winning a prize constitutes permission for First Watch and its agencies to use prize winners’ names, addresses (city & state), voices and/or likenesses for purposes of advertising, promotion and publicity without further compensation, unless prohibited by law.
BY PARTICIPATING IN THE PROMOTION, ENTRANT AGREES TO THE EXTENT PERMITTED BY LAW: (A) ANY DISPUTES, CLAIMS, AND CAUSES OF ACTIONS ARISING OUT OF OR CONNECTED WITH THE PROMOTION OR ANY PRIZE, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $10.00, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) IN NO EVENT WILL PARTICIPANTS BE PERMITTED TO OBTAIN ANY AWARD FOR AND PARTICIPANTS KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED $10.00, OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- Arbitration: Except where prohibited by law, as a condition of participating in this Promotion, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or the prize awarded, shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office in Florida; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Promotion and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Bradenton, Florida.
- Miscellaneous. The invalidity or unenforceability of any provision of the Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid, illegal, or otherwise unenforceable, the other provisions will remain in effect and construed according to their terms as if the invalid or illegal provision were omitted. First Watch’s failure to enforce any term of the Official Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of the Official Rules. Headings are used for convenience and will not affect the meaning or intent of the Official Rules. If there is an inconsistency in any Promotion related materials, or terms of use or the Official Rules, the Official Rules will prevail, govern and control and the inconsistency will be resolved in First Watch’s discretion.
Sponsor: First Watch Restaurants, Inc., Attn: Marketing, 8725 Pendery Place, Suite 201, Bradenton, FL 34201
Dated: November 1, 2024.
