Eight O'Clock Coffee Discover The Difference Photo Upload Promotion
OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Eight O'Clock Coffee Discover The Difference Photo Upload Promotion (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any products, services or equipment for the purpose of entering this Promotion. Employees of Eight O'Clock Coffee, ePrize, LLC, and any of their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The Promotion contains a contest ("Contest") and an instant win game ("Instant Win Game").

2. Sponsor: Eight O'Clock Coffee, 155 Chestnut Ridge Road, Montvale, NJ 07645. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins on May 17, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on August 25, 2009 at 11:59 p.m. ET (the "Promotion Period"). For purposes of this Promotion, a day begins at 12:00 a.m. ET and ends at 11:59 p.m. ET on the same calendar day. The Promotion consists of three (3) phases as set forth in the chart below.

Administrator’s computer is the official time-keeping device for the Promotion.

5. How to Enter:

a. Instant Win Game: You may earn Instant Win Game plays as described below:

i. Register/Login: During the Promotion Period, go to www.discoverthedifference.com and complete and submit the online entry form including a valid home address. P.O. Boxes are not permitted. Upon registration, you automatically will advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. Beginning the day after you register for the Promotion and continuing through the end of the Promotion Period, you may also visit www.discoverthedifference.com and login. The first time you login each day, you will also automatically advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. Limit: Each entrant may receive one (1) play per day during the Promotion Period for completing a registration or login.

ii. Enter a Submission in the Contest: During the Submission Phase of the Contest, for successfully uploading a Submission (as described in Section 5(b) below), you will receive one (1) Instant Win Game play. Limit: Each entrant may receive one (1) Instant Win Game play during the Submission Phase for uploading a Submission.

iii. Cast a Vote for a Finalist: During the Voting Phase of the Contest, register or login and cast a vote for your favorite Finalist Submission (as described in Section 7(a)(ii) below); you will receive one (1) Instant Win Game play for each vote you cast. Limit: Each entrant may receive one (1) Instant Win Game play per day during the Voting Phase for casting a vote.

Once on the Instant Win Game page, follow the links and instructions to play the Instant Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided with directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game.

b. Contest: During the Submission Phase, once you have registered for the Promotion and played the Instant Win Game, follow the directions to upload one (1) photo, a photo description, and an essay (100 words or fewer) that together creatively illustrate how winning $10,000 from Eight O’Clock Coffee would make a difference in your life in order to receive one (1) entry into the Contest (the “Submission”). Entries will be judged as outlined in Section 7 below. By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

Photo Guidelines:

Content Restrictions:

For all Submissions: You may submit no more than three (3) Submissions during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals who appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

For All Entrants: Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of Submissions/plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's Submissions/plays and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, Submission, or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

Tell A Friend Program: After you play the Instant Win Game and/or upload a Submission, you will be invited to submit the names and email addresses of up to three (3) friends who must be eligible to enter the Promotion. Each person that you refer will receive an email notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. For each referral of up to three (3) friends with valid email addresses, you will be given one (1) additional opportunity to play the Instant Win Game. During the Promotion Period, you may receive up to three (3) additional opportunities to play the Instant Win Game through the Tell A Friend Program per day.

6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNING PLAY AND/OR SUBMISSION HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.

7. Winner Determination: Winners will be determined according to the process set forth below.

a. Contest: The Contest winners will be determined though the process outlined below:

i. Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the eight (8) entrants with the highest scoring Submissions (the “Finalists”) from among all eligible Submissions based on the following criteria (“Judging Criteria”):

In the event of a tie, the entrant whose Submission received the highest score for Photo Originality as determined by the qualified judges in their sole discretion, will be deemed the Finalist. Sponsor reserves the right to select fewer than eight (8) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

ii. Voting Phase: During the Voting Phase, the Finalists’ Submissions will be posted in an online gallery for public voting at www.discoverthedifference.com. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to register for the Promotion and vote for the Submission they believe is best. Limit: Each voter may vote one (1) time per day during the Voting Phase. Multiple votes received on a day from any person or email address after the first vote received from that person or email address will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. The remaining Finalists will be deemed Runner-Up Prize winners. In the event of a tie, the entrant whose Submission received the highest score for Photo Originality, as determined by the qualified judges in their sole discretion, will be deemed the potential Grand Prize or Runner-Up Prize winner. Sponsor reserves the right to award fewer than the stated number of prizes, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor also reserves the right, in its sole discretion, to select an alternate Grand Prize or Runner-Up Prize winner should the voting appear to have been tampered with or manipulated in any way.

For the Voting Phase: Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter’s Submission(s) (if any) and votes, and he/she will be disqualified from further participation in the Promotion. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Released Parties (as defined in Section 10 below) are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected votes, which will be void. In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter.

b. Instant Win Game: There will be one hundred fifty-four (154) random, computer-generated winning times during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated.

8. Winner Requirements: Potential Contest winners will be notified by mail, email or phone on or around August 26, 2009, The potential Contest Grand Prize winner and the potential Instant Win Game First Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will each be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If a potential winner cannot be contacted, or fails to execute and return the Affidavit within the required time period (if applicable), or if a prize is returned as undeliverable, potential winner forfeits the prize. If a potential Contest Prize winner is disqualified for any reason, an alternate winner will be selected by the qualified judges based on the Judging Criteria. If an Instant Win Game First, Second, Third or Fourth Prize winner is disqualified for any reason, an alternate winner will be determined through a random drawing from among all eligible entries. Only three (3) alternate winners will be determined for a Contest Grand Prize, Runner-Up Prize, or Instant Win Game First, Second, Third or Fourth Prize, after which the applicable prize will remain un-awarded. Unclaimed Instant Win Game Fifth Prizes will not be awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion Period. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

9. Prizes:

a. Contest: ONE (1) CONTEST GRAND PRIZE: $10,000 awarded in the form of a check in winner's name. Approximate Retail Value ("ARV"): $10,000. SEVEN (7) RUNNER-UP PRIZES: A free year of Eight O'Clock Coffee awarded in the form of twenty-four (24) coupons each redeemable for a 10-12 Oz. package of Eight O'Clock Coffee. ARV: $167.76.

TOTAL ARV OF CONTEST PRIZES: $11,174.32.

b. Instant Win Game: ONE (1) INSTANT WIN GAME FIRST PRIZE: $2,500 awarded in the form of a check in the winner’s name. ARV $2,500. ONE (1) Instant WIN GAME SECOND PRIZE: $500 Best Buy Gift Card. ARV: $500. ONE (1) INSTANT WIN GAME THIRD PRIZE: $250 Bed Bath & Beyond Gift Card. ARV: $250. ONE (1) INSTANT WIN GAME FOURTH PRIZE: A free year of Eight O'Clock Coffee awarded in the form of twenty-four (24) coupons each redeemable for a 10-12 Oz. package of Eight O'Clock Coffee. ARV: $167.76. ONE HUNDRED FIFTY (150) INSTANT WIN GAME FIFTH PRIZES: A 10-12 Oz. package of Eight O'Clock Coffee awarded in the form of one (1) coupon. ARV: $6.99. Odds of winning an Instant Win Game prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win Game prize per person.

TOTAL ARV OF INSTANT WIN GAME PRIZES: $4,466.26.

For All Prizes: Terms and conditions of coupons and gift cards apply. Prizes are non-transferable, and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All prize details are at Sponsor’s sole discretion. TOTAL ARV OF ALL PRIZES: $15,640.58.

10. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor may, in its sole discretion, determine the Contest winners from among all non-suspect, eligible Submissions received up to the time of such action using the judging procedure outlined above, and Sponsor reserves the right to award the Instant Win Game Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.

12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-related materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Instant Win Game or the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

14. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor’s Privacy Policy (http://eightoclock.promo.eprize.com/discoverthedifference/display_page?page=privacy).

15. Winner List: Winner List requests will only be accepted after the Promotion Period concludes and, in any event, no later than November 26, 2009. To obtain a copy of the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Win List Request" in the drop down.

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