LEGAL
General Terms
RESTRICTIONS ON USE
Material from www.qdoba.com and any other World Wide Web site owned, operated, licensed, or controlled by Qdoba Mexican Grill Inc. may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Qdoba Mexican Grill. Modification or use of the materials for any other purpose violates intellectual property rights. Except as described otherwise, all materials in the Qdoba Mexican Grill site are made available only to provide information. Qdoba Mexican Grill controls these sites from its world headquarters in Denver, Colorado and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, data, names, addresses, phone information or other information communicated to Qdoba Mexican Grill through the site or through electronic mail (together, the "Submission") will forever be the property of Qdoba Mexican Grill. Qdoba Mexican Grill will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including without limitation, product of advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Qdoba Mexican Grill operations. Without limitation, Qdoba Mexican Grill will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Qdoba Mexican Grill will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Qdoba Mexican Grill have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
RESTRICTION OF LIABILITY
Qdoba Mexican Grill will not be liable for any damage or injury caused by, including but not limited to, any failure of performance, error, omission, delay in operation of transmission, computer virus, or line failure. Qdoba Mexican Grill will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Qdoba Mexican Grill's total liability to you (for all losses, damages, and causes of action, or otherwise) will not be greater than the amount you paid to access this site. Qdoba Mexican Grill does not warrant or make any representations regarding the use of the material contained in this site in terms of its correctness, accuracy, reliability, or otherwise. The material in this site could include technical inaccuracies or typographical errors, and Qdoba Mexican Grill may make changes or improvements at any time.
HYPER-LINKS NOTICE
The Web site may link to sites not maintained or related to Qdoba Mexican Grill. Hyper-test links are provided as a service to users and are not sponsored by or affiliated with this Web site or Qdoba Mexican Grill. Qdoba Mexican Grill has not reviewed any or all of the sites hyper-linked to or from this Web site and is not responsible for the content of any other sites. The links are to be accessed at the user's own risk, and Qdoba Mexican Grill makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this Web site. Further, Qdoba Mexican Grill does not implicitly endorse third-party sites hyper-linked to this Web site.
COPYRIGHT NOTICE
The graphic images, buttons and text contained in the Web site are the exclusive property of Qdoba Mexican Grill Inc. and, except for personal use where indicated, may not be copied, distributed, or displayed or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Qdoba Mexican Grill Inc.
TRADEMARK INFORMATION
The following trademarks used herein are owned by Qdoba Mexican Grill Inc.: Qdoba®, Qdoba Mexican Grill®, Qdoba Restaurant Corp.®, Naked Burrito®, What Are You Going To Love At Qdoba?™, Qdoba Card™, Q-Cash Card™, Naked Taco Salad™, Our Philosophy: the fresher the ingredients, the fresher the flavors.™, and Not just big burritos. Big flavors.®
All other trademarks are the property of the respective trademark owners.
YEAR 2000 DISCLOSURE NOTICE
Information obtained on this Web site regarding the Year 2000 is provided as a
courtesy to consumers under the Year 2000 Information and Readiness Disclosure
Act.
MISCELLANEOUS
These terms and conditions will be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflict of law. Qdoba Mexican Grill's services are available in select regions of the United States. However, there may be some products and services described in this site that may not be available at all locations. In addition, please be aware that some of the promotional items, premiums, and prices may only be available for a specified period in certain areas.
PRIVACY STATEMENT
Qdoba Mexican Grill Inc. is very respectful about the privacy concerns of the visitors to its sites on the Internet. Qdoba Mexican Grill Inc. collects the following types of information from individuals who indicate that they are interested in becoming Qdoba Mexican Grill(R) franchisees:
First and last name
Home and business addresses
Email addresses
Telephone numbers
Social Security numbers
Liquid asset information
Net worth information
Partnership information
Business ownership information
Occupation
Additionally, Qdoba Mexican Grill Inc. collects email addresses and zip codes from individuals who indicate that they would like to receive additional information from Qdoba Mexican Grill Inc. about its menu items, special offers and similar matters.
No personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of Qdoba Mexican Grill's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink).
Other uses of this information include internal review of the number of visitors to the site, but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable information such as a first and last name, home or other physical address or telephone number about visitors to this site are known only when voluntarily submitted, for example, via registration for sweepstakes or contests, content submissions, suggestions or participation of visitors in any available online interactive activities.
Unless otherwise disclosed during the collection, personally identifiable information that may be collected in connection with visitors to this site is retained by Qdoba Mexican Grill and is not sold, transferred or otherwise disclosed outside the company, except where disclosure is required by law. This information may be used for any of the following purposes: (1) to help Qdoba Mexican Grill better understand visitors' use of our site; (2) to fulfill prizes; (3) to respond to specific requests from our outside visitors including prospective franchisees; (4) to obtain parental consent from visitors under 18 years of age, where necessary; (5) to provide any necessary notices to our visitors or their parent or guardians, where necessary (6) to protect the security or integrity of our site when necessary.
Qdoba Mexican Grill Inc. notifies visitors of changes to this privacy policy by
changing the effective date on the text hyperlink to this policy.
To the extent that any of the sites accessible through Qdoba Mexican Grill's Web site have different practices, those different practices will be applicable at those sites.
USE OF COOKIES
When you view our Web site, we may store some information on your computer. This information will be in the form of a "Cookie" and will help us in many ways. For example, Cookies allow us to tailor the site to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.
A SPECIAL NOTE TO PARENTS CONCERNING PRIVACY
Qdoba Mexican Grill believes that parents and guardians should supervise their children's online activities and consider using parental control tools available from online services and software manufactures that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without your permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.the-dma.org). You should also know that it is the policy of Qdoba Mexican Grill that visitors under 18 years of age should not submit or post any information on our Web site without parental consent.
ACCEPTANCE OF PRIVACY TERMS AND CONDITIONS
Your access to and use of this site is subject to the above privacy terms and conditions and all applicable laws. By accessing and browsing this site, you accept, without limitation or qualification, these terms and conditions. Qdoba Mexican Grill may at any time revise these privacy terms and conditions. You are bound by any such revisions and should therefore periodically visit this page to review the then current privacy terms and conditions to which you are bound.
"Qdoba Guest Satisfaction Survey" Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES STARTS AT 12:00 PM (NOON) EASTERN TIME (“ET”) ON MAY 21, 2009 AND ENDS AT 11:59 AM ET NOVEMBER 21, 2009 (THE “ENTRY PERIOD”).
ELIGIBILITY
The “Qdoba Guest Satisfaction Survey” Sweepstakes (“Sweepstakes”) is open to individuals who are legal residents of the United States and the District of Columbia who are 18 years of age or older. VOID WHERE PROHIBITED BY APPLICABLE FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS. Employees and their immediate families (spouse, parents, children, siblings, and their respective spouses), and household members of Qdoba Restaurant Corporation (“Sponsor”), Jack in the Box Inc., Eastwest Marketing Group, and their respective parent companies, franchisees, partners, retailers, affiliates, subsidiaries, advertising and promotion agencies, and any other individual or company involved in the development or execution of the Sweepstakes are not eligible to win. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. By participating, you agree to these Official Rules and to the decisions of the independent judges whose decisions are final and binding in all respects. Sponsor reserves the right to verify eligibility qualifications of the winners.
HOW TO ENTER
There are two ways to enter. 1. During the Entry Period, you can enter automatically by completing a customer satisfaction survey available by visiting www.qdobasurvey.com and following the instructions provided to answer all of the survey questions presented. Once you complete and submit the survey, you will be asked to provide your first name and phone number. Upon completion, you will receive one (1) automatic entry into the Grand Prize Drawing. 2. To enter without completing a survey, hand-print your name, complete address (including zip code), date of birth and phone number on a 3" x 5" piece of paper and mail it to: Qdoba Sweepstakes, P.O. Box 2022, Grand Rapids, MN 55745-2022. All entries must be postmarked by 11/11/09 and received by 11/18/09. Limit one (1) entry per postmarked outer envelope. Typed, computer generated, or otherwise mechanically reproduced outer envelopes are NOT allowed and will not be accepted. Incomplete, illegible, corrupted, misdirected, late or postage-due entries or surveys are void. All surveys and mail-in entries become the property of the Sponsor and will not be returned.
SWEEPSTAKES PRIZE DRAWING
Potential winner in the Sweepstakes will be selected in a random drawing on or about 12/04/09 from among all eligible entries received. Odds of winning a prize depend on the number of eligible entries received.
SWEEPSTAKES PRIZE
Grand Prize (1): A check for $10,000 (Estimated Retail Value: $10,000). The prize is only as detailed above, with no substitution or transfer of prize permitted by winner. Sponsor, at its sole discretion, reserves the right to substitute a similar prize of comparable or greater monetary value if advertised prize cannot be awarded for any reason. For the prize, winner is responsible for any applicable taxes and all other expenses associated with any prize not explicitly stated herein as being awarded.
WINNER NOTIFICATION
Potential winner will be notified by phone and/or mail and will be required to sign and return to Sponsor an affidavit/documentation of eligibility and liability release, a federal and state tax release (if applicable), and a publicity release (unless prohibited) within fourteen (14) days of issuance of these documents. Failure to timely return the properly signed affidavit and releases or other prize documentation, or if a winner chooses to decline a prize for any reason, or fails to comply with any requirement of these Official Rules, may result in the prize being forfeited and an alternate winner being selected. Return of any prize/prize notification as undeliverable, or inability of Sponsor to contact potential winner may result in disqualification and selection of an alternate winner by random drawing from among all eligible entries received. Acceptance of a prize constitutes permission for Sponsor and its designees to use winner’s name and likeness for advertising and promotional purposes in any and all media now or hereafter known as determined by Sponsor without compensation, unless otherwise prohibited by law. All information collected will be treated in a manner consistent with Sponsor’s privacy policy. To view Sponsor’s privacy policy, go to www.qdoba.com. The Sweepstakes is governed by the laws of the State of Colorado, with venue in Jefferson County, Colorado, and all claims must be resolved in the appropriate state and federal courts of Wheat Ridge, Colorado.
INTERNET
Sponsor, Eastwest Marketing Group, their respective parent companies, affiliates, related parties, franchises, partners, retailers, divisions, subsidiaries, advertising and promotions agencies and each of their respective officers, directors, shareholders, agents, and employees (the “Released Parties”) are not responsible for technical, hardware, software, telecommunications, network, electronic, or telephone malfunctions or failures of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human or other error which may occur in this Sweepstakes, or for entries which are late, lost, stolen, misdirected, garbled, delayed by computer transmissions, damaged or illegible. Sponsor reserves the right to cancel or modify this Sweepstakes if fraud, technical failures (including but not limited to computer virus, bugs or unauthorized intervention) or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment for the drawing at issue. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. In the event of a dispute as to the identity of an online entrant based on submitted e-mail address, entrant will be deemed the “registered subscriber” of the e-mail account at issue. The “registered subscriber” shall be deemed the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof of entering information at website does not constitute proof of delivery or receipt. Sweepstakes materials that have been tampered with or altered are void. The use of any automated launching or entry software or any other mechanical or electronic means that permit the entrant to automatically enter repeatedly is prohibited. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF U.S. AND INTERNATIONAL CRIMINAL, CIVIL AND/OR COMMON LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES 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.
LIMITATIONS OF LIABILITY
The Released Parties assume no responsibility for any injury or damage to entrants’ or to any other persons’ computer (whether hardware or software), relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. By entering the Sweepstakes, all entrants (i) agree to be bound by the terms of these Official Rules and the decisions of the Sponsor and judges, which are final and binding on all matters relating to this Sweepstakes, and (ii) assume all liability and release Released Parties from any liability whatsoever for any claims, costs, injuries, losses, actions or damages of any kind (including, without limitation, related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation) arising out of or in connection with: (1) entering the Sweepstakes; (2) acceptance of any prize; or (3) anything related to the Sweepstakes or the awarding of prizes, unless prohibited by law.
WINNER'S NAME
For the name of the winner of the Sweepstakes, available after 01/04/10, send a self-addressed, stamped envelope to: Guest Satisfaction Sweepstakes Oct. Winner, 401 Fifth Avenue, 4th Floor, New York, NY 10016. Requests must be received by 02/04/10.
SPONSOR
The Sponsor of this Sweepstakes is Qdoba Restaurant Corporation, 4865 Ward Road, Suite 500, Wheat Ridge, CO 80033.
© Qdoba Mexican Grill Inc. All rights reserved.