Legal

NO PURCHASE, PAYMENT OR DONATION IS NECESSARY TO PARTICIPATE. The “Qdoba Qmmunity” (the “Campaign”) and participation therein is governed in all respects by these Terms and Conditions (“Terms”). The Sponsor of this Campaign is Qdoba Restaurant Corporation, a Delaware corporation (the “Sponsor”). This Campaign is not a sweepstakes, lottery or contest of any kind. This Campaign is void outside the fifty (50) United States/District of Columbia, and where prohibited or restricted by law.
 

a.   Eligible Participants. The Campaign is only open to participants who, at the time of participation in the Campaign, are legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age. The Campaign is void outside the fifty (50) United States/District of Columbia, and where prohibited or restricted by law. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate. The Campaign, and any website pages and advertisements relating thereto, is intended for viewing only within the fifty (50) United States and the District of Columbia, and participants must be present in the fifty (50) United States and the District of Columbia at the time they participate.
b. Eligible Nominees and Charities. In this Campaign, eligible participants nominate eligible nominees and their respective charities and vote for such eligible nominees and charities. For purposes of this Campaign, (i) an eligible nominee is a person who qualifies as an eligible participant, and who has been nominated for the Campaign and accepted such nomination as provided below, and (ii) an eligible charity is a tax exempt charitable organization under Section 501(c)(3) of the Internal Revenue Code with a current determination letter. A list of potentially eligible charities is included within a dropdown listing on the Qmmunity Website (as defined below); provided, however, inclusion on such list does not guarantee that a potentially eligible charity meets the requirements of this Section 2(b) or will satisfy Sponsor’s verification and acceptance conditions set forth in Section 5(a) below. It is possible that a potentially eligible charity is not included on the dropdown listing. If an eligible participant or potentially eligible charity believes a charity should be added to the online dropdown listing referenced above, please contact Sponsor via email to [qmmunity@qdoba.com] to request inclusion on the Qmmunity Website charities list; Sponsor may approve or reject such request in its sole discretion. A charity listed on the dropdown listing on the Qmmunity Website that does not desire to be eligible for voting in this Campaign or receive a donation in this Campaign may contact Sponsor via email to [qmmunity@qdoba.com] to request exclusion from the Qmmunity Website charities list, and Sponsor will remove such charity from such list. Any votes for an eligible nominee associated with such removed charity will be disqualified and may not be recast by participants in this Campaign.

b.   Nominating; Acceptance.
 i.  During the Voting Period, go to the nomination section of the Qmmunity Website. To nominate a nominee, follow the links and instructions for nomination, including selecting one (1) potentially eligible charity associated with the nominee. A potentially eligible charity must be selected from the dropdown menu of potentially eligible charities. Nominations may be made only during the Voting Period, and only in accordance with and subject to these Terms. LIMITS: (A) one (1) nomination per registered participant per day in the Campaign, and (B) a nominee is eligible to be nominated only one (1) time in this Campaign; in the event of multiple nominations for the same nominee, Sponsor, in its sole discretion, will determine the nomination that will be utilized in this Campaign.

ii. Subject to these Terms, Sponsor will review and verify the nominees and their associated charities, and post such individuals on the Qmmunity Website in a drop down menu in order to be eligible for voting; provided, however, a nominated individual must first agree to participation in this Campaign, and provide any verification and other information as, when and in the manner as requested by Sponsor. Subject to the volume of nominations in this Campaign and the foregoing process, it is possible that Sponsor may not be able to review, verify and post all nominees in this Campaign; accordingly, there is no guarantee that a potentially eligible nominee will be reviewed, verified and posted or be subject to voting in this Promotion.

c.   Voting. During the Voting Period, go to the voting section of the Qmmunity Website. To vote, follow the links and instructions for voting. From the dropdown menu of nominees and potentially eligible charities, select your nominee of choice and submit your vote. Votes may be cast only during the Voting Period, and only in accordance with and subject to these Terms. LIMIT: One (1) vote per registered participant per day in the Campaign.

d.   Refer a Friend.  During the Voting Period, Qmmunity Website visitors can use the installed functions on the Qmmunity Web Site to vote and share the Qmmunity with their friends via e-mail, Twitter and Facebook. A participant forwards to a friend an informational email, tweet or Facebook message regarding the Campaign using the forward to a friend templates and functions at the Qmmunity Website (forwarding may only be through the Qmmunity Website template and functions). All referrals may be done only during the Voting Period, and only in accordance with and subject to these Terms. A referral is not a vote for purposes of this Campaign. A person receiving a referral message must separately participate in the Campaign. Duplicate friend email addresses will not be counted in this Campaign. Friend email addresses are used in this Campaign only to help establish the amount of the Starlight donation by Sponsor described below, and will not be added to Sponsor’s contact list unless such information is separately collected by Sponsor.

e.   Establishing the Starlight Donation Amount. For each eligible vote cast, each eligible refer to a friend action and each action made on the Web site made in this Campaign in accordance with these Terms that is actually received or tracked, as applicable, by Sponsor during the Voting Period, Sponsor will donate to Starlight one dollar ($1.00), up to a maximum aggregate amount in this Campaign of twenty-five thousand dollars ($25,000).

f.    Participation - Generally. 
i.  Votes and referrals can be made solely by the applicable registered participant. Votes and referrals are not transferable and have no cash value. At no time may votes or referrals be purchased, sold or bartered. If there is any fraud or abuse related to a participant’s voting or referrals or the participant’s participation in the Campaign or Campaign activities (including but not limited to violation of the Terms, violation of the terms and conditions of the Qmmunity Website, or any misrepresentation or misconduct by a participant), Sponsor reserves the right to take whatever action, in its sole discretion, Sponsor deems appropriate, including but not limited to termination of participation in the Campaign, termination of current or future participation in any other Sponsor activities, and/or forfeiture of any voting or referrals by participant. In addition, Sponsor reserves the right to seek any or all remedies set forth in Section 9 below. If voting and referrals are forfeited for any reason, such items may not be reinstated to the participant.

ii.   All online Campaign activities by a participant on the Qmmunity Website, including voting and referrals, are subject to the terms and conditions of the Qmmunity Website, as posted from time to time thereon, including, without limitation, any privacy policy and terms of service/use.

iii.  In the event of a dispute as to the identity of an online participant, the authorized account holder of the email address used to participate will be deemed to be the participant. Participants may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All online participation activities will be deemed to have been made by the authorized account holder of the submitted email address. Participating in the Campaign by using a script, macro or any kind of automated device is prohibited and will result in disqualification. 

iv.  All participation activities in the Campaign must be received and tracked by Sponsor during the Voting Period. Proof of online participation in the Campaign activities will not be deemed to be proof of Sponsor’s receipt, tracking or recordation of such activities. Sponsor’s computer shall be the official record keeping device for Campaign activities in this Campaign

v.   All participants, participation activities (including nominations, voting and referrals), nominees and charities are subject to verification by Sponsor, in its sole discretion. Ineligible participants, participation activities, nominees and charities may be disqualified in Sponsor’s sole discretion. If a nominee or the charity associated with such nominee does not meet the Campaign eligibility criteria, all votes for the applicable nominee and charity will be disqualified for this Campaign.   Sponsor reserves the right to determine in its sole discretion whether a nominee or charity qualifies as an eligible nominee or eligible charity for purposes of this Campaign, including for accumulation of votes and winning any donation in this Campaign.

vi.  No prizes, gifts, awards or other items of value are being given in this Campaign to any participants or nominees in this Campaign. No participant or nominee in this Campaign has any claim of any kind or nature to the Campaign donations and gifts described in these Terms. No participant or nominee in this Campaign may claim any charitable deductions with respect to any donations or gifts awarded by Sponsor in this Campaign.

5.  FINALIST AND WINNER SELECTION; DONATION

a.   Finalist Selection; Verifications; Submissions; Alternates. Subject to these Terms, the five (5) eligible nominees (and their respective associated charity) with the highest total number of votes during the Voting Period will be the potential finalists in this Campaign. In the event of any tie, Sponsor, in its sole discretion, will break the tie by any method selected by Sponsor and select the nominees that are the potential five (5) finalists. Potential finalists (including the nominee and associated charity) are subject to verification, approval and modification by Sponsor in its sole and absolute discretion, without consent or notice. Without limiting the generality of the foregoing, Sponsor reserves the right to conduct a background check on any or all potential finalists, and Sponsor reserves the right to disqualify any potential finalist based on such background check if Sponsor determines in its sole discretion that declaring a finalist nominee a winner and/or awarding a donation or gift to any such associated charity might reflect negatively on Sponsor or any of its Campaign partners. Potential finalists will be notified by telephone. If a potential finalist nominee or an authorized representative of the potential finalist charity is not present at the time of the call and a telephone message can be left by Sponsor at that time, such person will have forty-eight (48) hours to return the call and verify that the potential finalist nominee or potential finalist charity desires to be a finalist in this Campaign. Additionally, each potential finalist nominee and potential finalist charity must execute and return to Sponsor an Affidavit, Acceptance of Terms, Tax Acknowledgement, a Liability Release and a Publicity Release (an “Affidavit/Release”) in the forms provided by Sponsor by the date and time specified by Sponsor. If the potential finalist nominee or potential finalist charity cannot be contacted by phone, or if the potential finalist nominee or potential finalist charity does not timely verify its desire to be a finalist, or if the potential finalist nominee or potential finalist charity does not timely return the Affidavit/Release, or if the potential finalist nominee or potential finalist charity does not otherwise comply with these Terms, then the nominee and the nominee’s associated charity may be disqualified. In the event of such a disqualification, an alternate potential finalist nominee and associated potential finalist charity will be selected by Sponsor, which shall be the eligible nominee with the next highest total number of votes during the Voting Period, subject to the tiebreaker process referenced above. An alternate potential finalist nominee and the associated alternate potential finalist charity must comply with the foregoing conditions in the time and manner specified by Sponsor. Sponsor is not responsible for the failure of anyone to receive Sponsor’s telephone message or the required documents for any reason, or for the inability of anyone to return Sponsor’s telephone message or the required documents for any reason. Verified potential finalist nominees and potential finalist charities will be announced on the Qmmunity Website during the week of November [2], 2009.

b.   Winner Selection. One (1) finalist nominee and associated finalist charity will be chosen by Sponsor to be the winning charity in this Campaign. Sponsor, together with an independent review committee (which will be selected by Sponsor in its sole discretion, and may include employees, agents or representatives of Sponsor) will review the finalists and consider any criteria determined relevant by Sponsor, and determine, in its sole and absolute discretion, which finalist nominee and finalist charity is the winning nominee and charity in this Campaign.] The winner will be notified by any means determined by Sponsor. The winner will be announced on the Qmmunity Website during the week of November [16], 2009.

c.   Donation. The charity associated with the winning nominee in this Campaign will receive a donation from Sponsor of $5,000. Additionally, Sponsor will donate a Starlight Fun Center to a hospital in the wining nominee’s region, as determined by Sponsor in its sole discretion. A Starlight Fun Center consists of and is limited to a multimedia center assembled as determined by Sponsor, and to include a Wii system by Nintendo, a Sharp AQUOS LCD TV, and a DVD player; approximate retail value $4,250. No cash or other substitution may be made for a Starlight Fun Center, except by Sponsor, who reserves the right to substitute such donation with another donation of equal or greater value. For clarity, the winning nominee in this Campaign does not receive any donation, gift or other item in this Campaign.

6.  RECIPIENT OBLIGATIONS

i.    A recipient of a donation or gift in this Campaign is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with gift or donation award, receipt and use, including, without limitation, all federal, state, and local taxes on the prize. If applicable, a recipient will be issued applicable tax forms for the actual value of the awarded gift or donation.

ii.   Except where prohibited by law, verifying a nominee’s and charity’s desire to be a finalist in this Campaign constitutes such nominee’s and charity’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of such nominee’s and charity’s name, voice, biography, marks, likeness, photographs, video, opinions, statements, hometown, state and country for promotional, commercial or other purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.

7. AGREEMENT TO TERMS AND DECISIONS

By participating in this Campaign and by verifying a nominee’s and charity’s desire to be a finalist, each participant, nominee and charity, as applicable, fully and unconditionally agrees to be bound by and accepts these Terms and the decisions of Sponsor or its designees (including, without limitation, decisions regarding eligibility of participants, nominees and charities, eligibility of voting and referrals, tabulation of results, the selection of finalists and the winner, and the awarding of gifts and donations, which are final and binding in all respects.

8.  FORCE MAJUERE

Neither Sponsor nor any of its Campaign partners will be liable hereunder by reason of any failure or delay in the performance of any of their obligations hereunder to the extent resulting from causes beyond the reasonable control of such party, including without limitation, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terror, public health conditions, war, governmental action, terrorist or threatened terrorist actions, labor conditions, earthquakes, and material shortages.

9.  GENERAL CONDITIONS

Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Campaign if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any part of the Campaign, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Campaign. Sponsor reserves the right in its sole discretion to disqualify any individual (and his/her related voting and referrals) that Sponsor finds to be tampering with the submission process or the operation of the Campaign or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Campaign is a violation of criminal and civil laws, 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 Terms shall not constitute a waiver of that provision or any other provision of these Terms.

10. RELEASE

By participating in this Campaign, each participant, nominee and recipient of a donation or gift forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Campaign partners and gift suppliers (including, without limitation, Ground Floor Media, Inc.), and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from, as applicable, participant’s participation, nomination, voting and referrals in this Campaign, and nominee’s and recipient’s participation in this Campaign, and award, receipt or use of any gift or donation in this Campaign.
 

11. LIMITATIONS OF LIABILITY

Neither Sponsor nor any of its Campaign partners are responsible for: (a) incorrect or inaccurate transcription of submission information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected submissions or submissions received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the submission process or the Campaign; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Campaign or the processing of submissions; or (f) any injury or damage to persons or property, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Campaign, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.

12. DISPUTES

Each participant and finalist in this Campaign agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Campaign, or any donations or gifts awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the City and County of Denver, Colorado; participants and finalists submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in the Campaign but in no event attorneys’ fees; and (c) under no circumstances will participant or finalist be permitted to obtain awards for and participants and finalists hereby waive all rights to claim 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.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant or Sponsor in connection with the Campaign shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.

13. OFFICIAL TERMS

 These Terms are available at www.qdobaqmmunity.com at the Campaign section of the website, or by sending a self-addressed postage-stamped envelope to “Qdoba Qmmunity – Rules Request”, c/o 4865 Ward Rd. Ste 500, Wheat Ridge, Colorado 80033-1902.

14. RECIPIENT LIST

 To request a list of donation and gift recipients in this Campaign, send a self-addressed postage-stamped envelope to “Qdoba Qmmunity – Recipient List Request”, c/o 4865 Ward Rd. Ste 500, Wheat Ridge, Colorado 80033-1902   Requests must be received by February 1, 2010.

15. SPONSOR

 The sponsor of this Campaign and the address at which the Sponsor may be contacted is Qdoba Restaurant Corporation , 4865 Ward Road, Suite 500, Wheat Ridge, CO 80033.

 

Click HERE for Qdoba's Privacy Policy/Legal details.

Click HERE for Qmmunity's Privacy Policy.

 

Every time you share Qmmunity via these links, Qdoba will donate $1 to Starlight (up to $25,000 towards Qdoba's annual commitment of $50,000).