Butter vs. Cream Cheese Poll - Official Rules

1. AGREEMENT TO RULES

By entering the Butter vs. Cream Cheese Poll (the "Promotion"), each participant ("Entrant") unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of New Yorker Bagels ("Sponsor"), which shall be final and binding in all respects. Sponsor reserves the right to disqualify any Entrant who does not comply with these Rules.

2. ELIGIBILITY

The Promotion is open to legal residents of the following states only: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, who are at least eighteen (18) years of age or the age of majority in their state of residence, whichever is greater, as of the date of entry. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The following are NOT eligible: officers, directors, members, and employees of Sponsor; Sponsor's parent companies, subsidiaries, affiliates, advertising and promotion agencies, and prize suppliers, and the employees of each; the immediate family members (spouse, parent, child, sibling) and persons living in the same household of each of the foregoing, whether or not related.

By entering, Entrant represents and warrants that they meet all eligibility requirements. Sponsor may require proof of eligibility at any time.

3. SPONSOR

New Yorker Bagels, 34-20 12th Street, Long Island City, NY 11106. Questions regarding this Promotion may be directed to fresh-baked@newyorkerbagels.com.

4. PROMOTION PERIOD

The Promotion begins on September 16, 2026 at 7:00 AM ET and ends on October 8, 2026 at 11:59 PM ET (the "Promotion Period"). Entries submitted before the start or after the close of the Promotion Period are void. Sponsor's server clock is the official timekeeping device for this Promotion.

5. HOW TO ENTER

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning.

To enter: During the Promotion Period, visit www.newyorkerbagels.com/pages/butter-vs-cream-cheese and complete and submit the official entry form with your full name and a valid email address.

Limit one (1) entry per person for the entire Promotion Period. Using multiple identities, accounts, or email addresses to exceed these limits will void all affected entries.

Entries generated by script, bot, macro, or other automated means are void. Sponsor reserves the right to verify the eligibility of any Entrant and to disqualify any entry it believes, in its sole discretion, to be fraudulent or in violation of these Rules.

6. PRIZES

The following prize(s) will be awarded:

• 4 × 3 months of fresh New York City bagels — Approximate Retail Value ("ARV"): $384.00 total ($96.00 each).

Total ARV of all prizes: $384.00.

Prizes are awarded "as is" with no warranty of any kind, express or implied. No cash equivalent, transfer, or substitution is permitted except at Sponsor's sole discretion; Sponsor may substitute a prize of equal or greater value if a prize becomes unavailable. Prizes may differ from any depiction in advertising or promotional materials, and any difference between the stated ARV and the actual value of a prize will not be awarded. The winner is solely responsible for all federal, state, and local taxes on the prize and for any expense not expressly stated as included. If the value of any winner's prize(s) totals $600 or more in a calendar year, Sponsor will issue an IRS Form 1099 and the winner must provide a completed IRS Form W-9 before the prize is awarded.

The prize will be delivered to the verified winner within a reasonable time after verification, using the contact or shipping information the winner provides. If a prize or prize notification is returned as undeliverable, or if the winner does not supply valid delivery information when requested, the prize will be forfeited and may be awarded to an alternate winner. If, for any reason, fewer eligible entries are received than prizes offered, the unawarded prize(s) will not be awarded.

7. WINNER SELECTION

On or about October 20, 2026, Sponsor or its designated representative will select the potential winner(s) in a random drawing from among all eligible entries received during the Promotion Period. Odds of winning depend on the total number of eligible entries received.

8. WINNER NOTIFICATION AND VERIFICATION

The potential winner will be notified by email within a reasonable time after selection and must respond within 7 days of the date the notification is sent. If a potential winner cannot be reached, fails to respond within the required time, declines the prize, is found ineligible, or fails to comply with these Rules, the prize may be forfeited and an alternate winner selected from among the remaining eligible entries.

As a condition of receiving a prize, a potential winner may be required to complete, sign, and return — within 7 days of notification — an Affidavit of Eligibility, a Liability Release, and, where permitted by law, a Publicity Release. Sponsor will award no more than one prize per person and one prize per household during the Promotion Period.

9. PROHIBITED CONDUCT

The following will result in disqualification of all of an Entrant's entries:

• Entering by script, bot, macro, or other automated means
• Creating multiple accounts or using another person's identity
• Providing false information or misrepresenting eligibility
• Tampering with the entry process or the operation of the Promotion
• Submitting defamatory, obscene, infringing, or otherwise unlawful content

Any attempt to undermine the legitimate operation of this Promotion may violate criminal and civil law, and Sponsor reserves the right to seek damages to the fullest extent permitted.

10. GENERAL CONDITIONS

Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this Promotion if it cannot be conducted as planned due to viruses, bugs, technical failures, tampering, fraud, or any other cause beyond Sponsor's reasonable control — including acts of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, or governmental action — that affects the administration, security, fairness, integrity, or proper conduct of the Promotion. In such case, Sponsor may select winner(s) from eligible entries received prior to the action taken. Sponsor is not responsible for lost, late, incomplete, misdirected, or undeliverable entries, or for any error, omission, interruption, or technical failure of any kind. Sponsor's failure to enforce any term is not a waiver of that term. If any provision is found unenforceable, the remaining provisions remain in effect.

11. RELEASE AND LIMITATION OF LIABILITY

By entering, each Entrant agrees to release and hold harmless Sponsor, its parent companies, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and each of their respective officers, directors, employees, and agents (collectively, "Released Parties") from any and all claims, damages, losses, or expenses arising out of: (a) participation in the Promotion; (b) any violation of third-party rights; (c) acceptance, use, or misuse of any prize; or (d) any injury or damage to persons or property.

RELEASED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PROMOTION OR ANY PRIZE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. DISPUTES AND GOVERNING LAW

Except where prohibited, Entrant agrees that: (a) any dispute arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees; (c) Entrant waives any right to a trial by jury and any right to claim indirect, punitive, incidental, or consequential damages; and (d) any claim must be brought within one (1) year after it arises, or it is permanently barred. These Rules are governed by the laws of the State of New York, without regard to conflict-of-laws principles.

13. PRIVACY AND PUBLICITY

Information collected from Entrants is subject to Sponsor's Privacy Policy and will be used to administer this Promotion and, where consented, for Sponsor's marketing communications (from which Entrants may opt out at any time). Personal information will not be sold to unaffiliated third parties. Except where prohibited, acceptance of a prize constitutes the winner's consent for Sponsor to use the winner's name, likeness, and state of residence for advertising and promotional purposes without further compensation.

14. WINNER LIST

For the name and state of residence of the winner(s), send a self-addressed, stamped envelope to: Butter vs. Cream Cheese Poll Winner List, 34-20 12th Street, Long Island City, NY 11106, within sixty (60) days after the close of the Promotion Period.