MOBILE TERMS AND CONDITIONS
Mobile Terms and Conditions
GENERAL TERMS AND CONDITIONS
Material from www.qdoba.com and any other World Wide Web site owned, operated, licensed, or controlled by Qdoba ("Qdoba") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Qdoba. Modification or use of the materials for any other purpose violates intellectual property rights. Except as described otherwise, all materials in the Qdoba site are made available only to provide information.
All remarks, suggestions, ideas, graphics, data, names, addresses, phone information or other information communicated to Qdoba through the site or through electronic mail (together, the "Submission") will forever be the property of Qdoba. Qdoba 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 operations. Without limitation, Qdoba will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Qdoba 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 have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
RESTRICTION OF LIABILITY
Qdoba 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 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'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 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 may make changes or improvements at any time.
The Web site may link to sites not maintained or related to Qdoba. Hyper-test links are provided as a service to users and are not sponsored by or affiliated with this Web site or Qdoba. Qdoba 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 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 does not implicitly endorse third-party sites hyper-linked to this Web site.
The graphic images, buttons and text contained in the Web site are the exclusive property of Qdoba 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
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'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.
Qdoba is very respectful about the privacy concerns of the visitors to its sites on the Internet. Qdoba collects the following types of information from individuals who indicate that they are interested in becoming Qdoba(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
Additionally, Qdoba collects email addresses and zip codes from individuals who indicate that they would like to receive additional information from Qdoba 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'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 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 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.
To the extent that any of the sites accessible through Qdoba's Web site have different practices, those different practices will be applicable at those sites.
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 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 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 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 REWARDS TERMS & CONDITIONS
- Valid only at participating Qdoba Mexican Eats locations.
- Offers and rules may vary by restaurant.
- All program matters or disputes, the decision of Qdoba Mexican Eats is final.
- The Qdoba Rewards program may be changed or discontinued at any time at the sole discretion of Qdoba Mexican Eats.
- Points are non-transferable or devisable, and may not be combined with other member's accounts.
- Points are only credited to your account when presenting your registered Qdoba Rewards Card in the restaurant or by entering a Claim ID received in restaurant to a registered account on qdoba.com within 30 days of a visit.
- Points are only awarded for full priced entrees within the Free Entree Program, but may vary by participating location.
- Some charges may still apply for add-ons and extras when a free entree is redeemed.
- Points and rewards expire after a guest has experienced 6 months of no transaction activity with a card within participating locations.
- Points and rewards cannot be redeemed for cash and have no cash value.
- E-mail addresses and other personally identifiable information such as a first and last name, about visitors to this site are known only when voluntarily submitted, for example, via registration to the rewards program, 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 Eats and is not sold, transferred or otherwise disclosed outside the company, except where disclosure is required by law.
- Valid only at participating Qdoba Mexican Eats locations.
- Offers and rules may vary by restaurant.
- Guest will only receive credit towards the program through purchases made at participating locations.
- Qdoba Catering Rewards points can only be redeemed by guests registered to the program. Upon a guest's first catering transaction or registration a guest will have 12-months to earn 1,000 points before their points will expire. After 1,000 points are earned, guests will be able to redeem in 100 point increments and any unused points will roll forward into a new 12-month expiration time frame.
- Qdoba Catering Rewards Points are only credited to your account when presenting your Qdoba Rewards Card in the restaurant, over the phone or by entering an order code received in restaurant in your account on qdoba.com within 30 days of a transaction.
- One point is awarded per one dollar spent on catering menu items not including tax and delivery fees, gratuity. Participating items are subject to change and vary by location.
- Points and rewards cannot be redeemed for cash and have no cash value.
- Qdoba Card must be swiped or provided over the phone to earn points, or an order code can be requested in the event that a card number is not available at the time of order placement or transaction.
- When a guest has met the threshold to redeem rewards they can choose to continue to earn more points or to redeem their available points until the 12-month points accrual period ends, at which time a guest must redeem points or relinquish the current year's point balance.
Qdoba For a Kiss Sweeps Terms and Conditions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA, EXCLUDING RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY: The Qdoba for a Kiss Sweeps (“Sweepstakes”) is open only to: (i) legal residents of the continental United States and the District of Columbia, excluding Rhode Island, Puerto Rico, the U.S. territories and possessions, (ii) who are 18 years of age or older at time of entry, (iii) who have access to the Internet, and (iv) have a valid Instagram or Twitter account. Employees, officers and directors of Qdoba Restaurant Corporation (“Sponsor”) their parent companies, affiliates, subsidiaries, franchisees, restaurant operations, agencies and suppliers (collectively, the “Sweepstakes Entities”) engaged in the development, production, printing, or distribution of Sweepstakes materials and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Subject to all applicable federal, state, and local laws and/or regulations. Void where prohibited or restricted by law.
2. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sweepstakes Entities, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein. An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules.
In addition to compliance with these Official Rules, participants must also comply with the terms of service of Twitter https://support.twitter.com/articles/18311) and Instagram (https://help.instagram.com/478745558852511/?ref=hc_fnav). Note that your entry via Twitter and/or Instagram will not be considered successfully submitted if your account settings prevent Sponsor from viewing your entry. Twitter and Instagram are not participants of this Sweepstakes, nor does Twitter or Instagram endorse, administer or promote this Sweepstakes. You are providing your information to Sponsor, its Qdoba Mexican Eats® and Qdoba Mexican Grill® restaurant brands; and not to Twitter and Instagram. Any questions, comments or complaints regarding this Sweepstakes should be directed to the Sponsor, not Twitter or Instagram.
A Twitter or Instagram account is required to enter. Should multiple users of the same Twitter or Instagram, account enter the Sweepstakes and a dispute arises thereafter regarding the identity of the entrant, the Authorized Account Holder of said Twitter or Instagram account associated with the entry, at time of submission, will be deemed to be the entrant.
The “Authorized Account Holder” is the natural person assigned to the respective Twitter or Instagram account by Twitter or Instagram. Potential winners may be required to show proof of being the authorized account holder. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information.
3. ENTRY PERIOD/PROGRAM DESCRIPTION: The Sweepstakes begins at 12:01:00 am Mountain Standard Time on February 10, 2016, and ends at 11:59:00 pm Mountain Standard Time on February 15, 2016 (the “Entry Period”).
4. TO ENTER: Entry into the Sweepstakes requires that you include providing an original photo of yourself in which you express yourself kissing (a friend, loved one, pet, favorite celeb or even your own hand) and the photo must include the hashtag, #QdobaForAKissSweeps. The photo must be a digital image and may be color or black and white. Limit one (1) photo entry per account on Twitter and one account on Instagram throughout the duration of the Entry Period. By submitting an entry that includes a photo (“Photo Entry”), you represent and warrant that: the Photo Entry is wholly original; the Photo Entry does not infringe the intellectual property, privacy or publicity rights or any other or the legal or moral rights of any third party; the Photo Entry has not previously been entered in any other sweepstakes and/or contest; the Photo Entry has not been previously published in any medium; you own all rights to the Photo Entry; the Entry complies with the respective terms of service for Twitter and/or Instagram; and, the Photo Entry conforms to the ‘Additional Requirements’ defined below. You further represent and warrant that: you have obtained permission from each person whose name, image or likeness (“Likeness”) is included in the Photo Entry; that such person(s) have granted you all necessary rights to use the Likeness as described in these Official Rules; and, that you can and will give written copies of such permissions to the Sponsor upon request. If your Photo Entry includes the Likeness of a person who is under the age of 18 or under the age of majority in his/her jurisdiction of residence, whichever is greater (a “Minor”), such grant of rights must include written permission from the Minor’s parent or legal guardian authorizing the use of the Minor’s Likeness on behalf of the Minor. Further, if the submitted photo was taken by anyone other than you, you represent and warrant that such person(s) have granted you all rights to the photo and that you can and will give written copies of such permissions to the Sponsor upon request. By submitting a Photo Entry, you grant Sponsor and its affiliated companies, and their agents, licensees and assigns the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Photo Entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, royalty, or approval from you or any other party. You agree that, upon request by the Sponsor, you will sign copyright assignments as necessary to assign any and all rights to the photo to Sponsor. By submitting a Photo Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sweepstakes Entities, or any other person or entity, on the grounds that any use of the Photo Entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that Sponsor, their affiliated companies, and their agents, licensees and assigns are in no way obligated to broadcast, publish or use your Photo Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor or any other Sweepstakes Entities. In no way are you to be construed as the agent or to be acting as the agent of Sponsor or any other Sweepstakes Entities. All Photo Entries will be reviewed for compliance with the parameters set forth. Sponsor reserves the right in its sole discretion to decide if any Photo Entry is appropriate for posting or publication and may disqualify any Photo Entry at any time in the event it is determined, in its sole discretion that the Photo Entry is not appropriate, or, that you have not complied with these Official Rules.
5. ADDITIONAL REQUIREMENTS FOR PHOTO ENTRIES: Photographs must not contain personally identifiable information such as last names, addresses, phone numbers, or email addresses. Entrants must not engage in any violent, dangerous, or illegal behavior in creating a Photo Entry. Photo Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, provocative, lewd, pornographic or violent material, or materials which promote hate or violence. Photo Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Photo Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Photo Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to constitute inappropriate content or not in keeping with Sponsor’s image (all as determined by Sponsor in its sole discretion) will be considered void.
6. SELECTION OF WINNERS: Winners will be determined by random selection from all eligible Photo Entries received. Winners will be selected by 11:59:00 p.m. Mountain Standard Time on February 18, 2016 (“Selection Date”). Odds of winning depend upon number of eligible Photo Entries received. Potential winners will be notified by email or phone. Failure to respond to the notification of winning within the specified time period in the notification, the return of any prize notification as undeliverable, Sponsor’s inability to contact a potential winner within a reasonable time period or noncompliance with these Official Rules may result in disqualification and, at Sponsor’s sole discretion, an alternate winner may be selected for the drawing.
7. PRIZES: (1) Grand Prize: The one (1) randomly-selected qualified Photo Entry will win one (1) $500.00 pre-paid Visa gift card on the Selection Date and will be declared the grand prize winner. Total approximate retail value of the grand prize = $500.00.
Randomly Selected Prizes: One (1) randomly selected winner from all qualified Photo Entries will receive one (1) $250.00 pre-paid Visa gift card. One (1) randomly selected winner from all qualified Photo Entries will receive one (1) $250.00 Qdoba gift card. Three (3) randomly selected winners from all Photo Entries will receive one (1) $100.00 pre-paid Visa gift card each. Two (2) randomly selected winners from all qualified Photo Entries will receive one (1) $100.00 Qdoba gift card each. Ten (10) randomly selected winners from all qualified Photo Entries will receive one (1) $50.00 Qdoba gift card each. Twenty (20) randomly selected winners from all qualified Photo Entries will receive one (1) $25.00 Qdoba gift card each. Retail value of prizes = $2000.00.
Total approximate retail value of all prizes = $2,500.00.
All taxes on prize and all expenses not specified are the sole responsibility of the winner. Sponsor reserves the right to substitute prizes (or a portion thereof) of equal or greater value.
No prize transfer or cash redemption permitted. No prize substitution, in whole or in part, except by Sponsor due to prize unavailability, safety or security considerations, or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. In no event will Sponsor be liable for more than the stated number of prizes stated herein.
8. WINNER NOTIFICATION: Potential winner(s) will be contacted during or about the week of February 18, 2016. Sponsor, whose decisions are final and binding in all matters, will contact winners. The potential winner(s) will be contacted either via a private Twitter or Instagram message from Sponsor’s Twitter or Instagram page, or email or phone. To claim their prize, the potential winner(s) will be required to respond to Sponsor’s notification within twenty four (24) hours after transmission of the aforementioned message and provide his/her full name, email address, physical mailing address, date of birth, and phone number. Subsequently, the potential winner(s) will receive additional prize claim instructions by mail and/or email and may be required to complete, sign, have notarized, and return an Affidavit of Eligibility/Liability Release. If the potential winner is 18 or older, as required for entry, but not of the age of majority in state of residence, the prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of winner. All requested documents must be returned to Sponsor within time period specified at time of prize notification. Winner will also be required to permit Sweepstakes Entities to use his/her name, photograph, likeness, statements, biographical information, and city and state address for advertising, publicity and promotional purposes in all media, including but not limited to on Sponsor’s website, in perpetuity, without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request.
At the sole discretion of the Sponsor, disqualification, prize forfeiture and the selection of an alternate winner may result from any of the following: a potential winner’s failure to respond to initial notification within twenty-four (24) hours after its transmission; the failure of notification due to deactivation of the potential winner’s Twitter or Instagram account(s) prior to receipt of notification; potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; potential winner’s failure to complete and return required documents by the date specified in winner’s notification; and any other non-compliance with these Official Rules.
9. CONDUCT: By entering the Sweepstakes, entrants agree to comply with and be bound by these Official Rules. Failure to comply with the Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be: tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; violating the Official Rules; violating the terms of service, conditions of use or general rules or guidelines of Sponsor’s property or service; or acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person or whose acts or deeds (actual or perceived) would or might be deemed detrimental to Sponsor’s reputation, as determined by Sponsor in its sole discretion.
Any false information provided within the context of the Sweepstakes by any entrant concerning identity, postal address, ownership of right or non-compliance with Official Rules may result in the immediate elimination of the entrant from the Sweepstakes. Sponsor further reserves the right to disqualify any entry (including deletion of any photo), without notice, that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third-party, or does not comply with the Official Rules.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, MOBILE SITE OR SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. 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.
10. INDEMNIFICATION: You agree to hereby release, discharge, hold harmless and indemnify each of the Sweepstakes Entities from and against any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), (i) from any and all injuries, liability, losses and damages of any kind resulting in connection with the participation in the Sweepstakes, acceptance, possession, use, misuse or awarding of the prize, while preparing for, participating in and/or traveling to or from any prize- or sweepstakes-related activity, including, without limitation, any monetary loss, injury, damage, death, loss, or accident to person or property; or, (ii) for any claim brought or asserted by any third-party against any of the Sweepstakes Entities due to or arising out of your entry, or your conduct in creating an entry or otherwise in connection with the Sweepstakes, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
11. GENERAL: All taxes on prize and all expenses not specified are the sole responsibility of the winner. This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Colorado, without reference to its conflicts of laws principles. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Jefferson County, Colorado. By entering, and as a condition of entry, each entrant agrees, to the extent permitted by applicable law: (a) TO ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS OF SAN DIEGO COUNTY, CALIFORNIA, BOTH FEDERAL AND STATE, FOR RESOLUTION OF ANY DISPUTES IN CONNECTION WITH THE SWEEPSTAKES; (b) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (c) that the decisions of the Sponsor are final and binding on all matters relating to the Sweepstakes, including interpretation of these Official Rules and awarding of the prizes; (d) that any and all disputes between the entrant and any Sweepstakes Entities, including, without limitation, any claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; and (e) that in the event of any dispute between the entrant and any Sweepstakes Entities: (i) the entrant will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10.00); (ii) entrant further waives all rights to have damages multiplied or otherwise increased; and (iii) entrant’s remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SECTION (e) ABOVE MAY NOT APPLY TO ALL ENTRANTS.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The Sweepstakes Entities are not responsible for and shall not be liable to any entrant or winner, or any person claiming through such entrant or winner, for failure to supply the prize or any part thereof, by reason of: any act of God such as earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid); any cable, telephone or satellite system or equipment transmission, interruption, malfunction, unavailability or failure whether or not cause by human error; viruses or technical or mechanical malfunctions; technical, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, unavailable network or Internet service provider connections; server malfunctions or by any human error which may occur in the processing of entries; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; failed, incorrect, inaccurate, incomplete, garbled or delayed computer transmissions; late, lost, misdirected, stolen, garbled, illegible or incomplete entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; threatened terrorist act, terrorist act, air raid, blackout, act of public enemy; embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other cause or condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or corrupted.
Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes, in its entirety or in part, should tampering, unauthorized intervention, counterfeiting, fraud, technical failures, or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of this Sweepstakes, and award the prize from eligible entries received prior to cancellation, modification, or suspension. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Entrants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
EACH WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms, as if the invalid or illegal provision were not contained herein.
Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, it will be resolved in Sponsor’s sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD-PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST.
13. WINNER LIST: To receive a list of winners, mail a self-addressed, stamped (#10) envelope to: Qdoba for a Kiss Sweeps, C/O Qdoba Mexican Eats Marketing, 7244 West Bonfils Lane, Lakewood, Colorado 80226. Requests must be received by March 1, 2016.
Sponsor: Qdoba Restaurant Corporation, 7244 West Bonfils Lane, Lakewood, CO 80226
ABBREVIATED RULES: Qdoba for a Kiss Sweeps is open to legal residents of the U.S. excluding Rhode Island 18 years of age & older. Sweeps begins at 12:01 a.m. MST on February 10, 2016, and ends at 11:59:00 pm MST on February 15, 2016 (the “Entry Period”). No purchase required to enter to win. Submit a photo with hashtag: #QdobaForAKissSweeps . To enter and for full terms and conditions, see www.Qdoba.com. Void where prohibited. Sponsor: Qdoba Restaurant Corporation.
©2016 Qdoba Restaurant Corporation. All rights reserved.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or Sponsor of the Sweepstakes.
Qdoba Mexican Eats® Royal Oak “Flavor Flags” Promotion Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY REQUIREMENTS: Qdoba Mexican Eats Royal Oak Flavor Flags Promotion (“Promotion”) is open to legal residents of the 50 United States and D.C, 18 years of age or older. Employees of Qdoba Restaurant Corporation (“Sponsor”), its parent, subsidiaries and affiliated companies, distributors, franchisees and advertising/promotion agencies involved in the administration of this promotion and the immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each such employee are not eligible. Void where prohibited.
HOW TO PARTICIPATE: The Promotion begins on March 20, 2016 at 12:00 PM EST when the promotion is announced via Sponsor’s Facebook (facebook.com/Qdoba), Twitter (twitter.com/Qdoba) and Instagram (instagram.com/Qdoba) social channels. The Sponsor will post clues as to the location of one hundred (100) randomly placed flags across Royal Oak, Michigan. Participants must find a Qdoba flag and bring it to the new Royal Oak Qdoba on opening day, March 26 beginning at 10:30 a.m. EST. Promotional period concludes on March 26, 2016 at 11 p.m. EST (close of business). The first thirteen (13) participants to bring their flag to the Qdoba Mexican Eats restaurant at 30754 Woodward Ave, Royal Oak, MI will receive one year of free burritos (in the form of a Qdoba Rewards Card preloaded with free burritos for a year (52 total burritos)). The next forty-three (43) persons to bring a flag will each receive three (3) free Qdoba entrees, and participants that return any of the final forty-two (42) flags will receive one (1) free entrée. Follow #flavorflags via Sponsor’s Facebook (facebook.com/Qdoba), Twitter (twitter.com/Qdoba) and Instagram (instagram.com/Qdoba) social channels for information and flag location clues. The prize must be claimed on March 26, 2016 at 30754 Woodward Ave only. If no one claims a prize, the prize will not be awarded. The potential winner must keep the original flag to claim prize.
PRIZES: One hundred (100) total prizes will be available to redeem. Thirteen (13) first prize packages of Burritos for a Year (in the form of a Qdoba Rewards Card preloaded with 52 free burritos) will be available to redeem. The approximate retail value of each first prize package is $436.80.
Forty-three (43) second prize packages that each contain three (3) free burritos (in the form of Qdoba free entrée cards) will be available to redeem. The approximate retail value of each second prize package is $25.20.
Forty-two (42) third prize packages that include one (1) free entrée (in the form of Qdoba free entrée card) and a reusable cup will be available to redeem. The approximate retail value of each third prize package is $9.90.
Total approximate retail value of all prizes available is $7,187.70.
The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure at Sponsors’ sole and absolute discretion. Winner shall be solely responsible for payment of any and all applicable federal, state and local taxes on his/her prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.
WINNER VERIFICATION: Winner may be required to execute and return an Affidavit of Eligibility and Release of Liability/Publicity. If a potential winner is a minor in his/her state of residence, prize may be awarded to the minor's parent/legal guardian who must sign and return all required documentation. If a potential winner cannot be contacted, fails to sign and return the required Affidavit of Eligibility and Release of Liability/Publicity within the required time period, or if a prize or prize notification is returned as undeliverable, potential winner forfeits prize. Sponsor is not responsible for any change to winner’s email address, mailing address and/or telephone number.
GENERAL CONDITIONS: By participating, participants agree to these Official Rules, and to Sponsor’s decisions regarding the outcome of the Promotion, which are final and binding in all respects. This Promotion is offered only in the United States and is governed by the laws of Colorado, and all claims must be resolved in the federal or state courts in Jefferson County, Colorado. If for any reason this Promotion cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right to cancel, terminate or modify the Promotion. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the operation of the Promotion.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor from participant's participation in, or attempt to participate in, the Promotion. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules. By participating in the Promotion, participant releases Sponsor and their respective parent, subsidiary and affiliated companies, distributors, and franchisees and the advertising/promotion agencies involved in the administration of this Promotion (“Released Parties”) from any and all claims, damages or liabilities arising from or relating to such participant’s participation in the Promotion. By accepting a prize, recipient agrees to release and hold Sponsor and the Released Parties, and each of their respective officers, directors, employees, representatives and agents, harmless from and against any liability for injuries, including death, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Promotion and from acceptance, possession, misuse or use of a prize. Except where prohibited, by accepting a prize, winner grants Sponsor and those acting under its authority permission to use his/her name, photograph, voice and/or likeness, image, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in any and all media now known or hereafter discovered, worldwide, and on the Internet, without notice, review or approval.
WINNERS: To receive a list of winners, mail a self-addressed, stamped envelope to: Qdoba Flavor Flags Promotion, c/o Qdoba Mexican Eats Marketing, 7244 West Bonfils Lane, Lakewood, Colorado 80226. Requests must be received by April 25, 2016.
SPONSOR: Qdoba Mexican Eats. 7244 W. Bonfils Lane, Lakewood, CO 80226
Qdoba is a registered trademark. All rights reserved.
© 2016 Qdoba Restaurant Corporation. All rights reserved.