Rubio’s Coastal Grill #RubiosTwiceAWeek Sweepstakes
OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SWEEPSTAKES ENTRY PERIOD & SPONSOR: The Rubio’s Coastal Grill #RubiosTwiceAWeek Sweepstakes (“Sweepstakes”) starts at 12:00 a.m. Pacific Time (“PT”) on 3/06/19 and ends at 11:59 p.m. PT on 5/08/19 for submission of an entry via Instagram. The sponsor of the Sweepstakes is Rubio’s Coastal Grill, 2200 Faraday Avenue Suite 250, Carlsbad, CA 92008 (the “Sponsor”). The administrator of the Sweepstakes is Socialtyze, 2150 Park Place Suite 100, El Segundo, CA 90245 (“Administrator”) (Administrator and Sponsor are collectively referred to hereafter as the “Promotion Parties”). The Sweepstakes is subject to these Sweepstakes Official Rules (the “Official Rules”), and by entering, Entrant (defined below) agrees to be bound by these Official Rules and the decisions of the Promotion Parties which shall be final in all respect.m.
2. ELIGIBILITY: Sweepstakes is open only to legal residents of the United States or of the District of Columbia (“Eligibility Area”), who, as of the date of their entry into the Sweepstakes, are eighteen (18) years of age or older. Any officer, employee or director of a Promotion Party (or any subsidiary, affiliate, parent company, advertising or promotion agency of a Promotion Party) (an “Employee”) and the immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of an Employee or any person living in the household of an Employee (whether legally related or not) are not eligible to enter the Sweepstakes or win a Prize (defined below). A Prize won by an individual considered to be a minor in his or her state of legal residency (“Minor”) who is otherwise eligible to participate in the Sweepstakes will be awarded in the name of such Minor’s parent or legal guardian. A Minor who is otherwise eligible to participate in the Sweepstakes must get his or her parent’s or legal guardian’s permission before entering the Sweepstakes. Sweepstakes is void outside the Eligibility Area and wherever prohibited or restricted by law.
3. HOW TO ENTER:
(1) How to Submit Entries: Entrants can submit multiple entries for prizes (defined below) during the Entry Period. Entrants can enter by following Rubio’s Coastal Grill on Instagram (LINK: instagram.com/rubioscoastalgrill/) AND taking and posting a Rubio’s seafood item photo on Instagram AND including the hashtag #RubiosTwiceAWeek in the Instagram caption. When all of the aforementioned steps have been completed the Entrant (hereafter defined) will be given an official submission for each photo with accompanying hashtag when determining Prize Winners (defined below) in accordance with these Official Rules.
To participate in the Sweepstakes via this method you must have an Instagram account (as applicable). If you do not have an account with Instagram, visit www.Instagram.com to create an account according to the instructions on the website. You must accept and agree to comply with the terms and conditions of Instagram to create an account.
NOTE: Message and data rates apply to use of mobile device for Sweepstakes entry. You may be charged by your wireless carrier for accessing the mobile version of Sweepstakes website or otherwise participating in the Sweepstakes via mobile device. Be sure to check your wireless carrier’s pricing plan before participating in the Sweepstakes via mobile device. Not all mobile devices offer wireless Internet access functionality and these services may not be available in all areas.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is a registered trademarks of their respective owners, which are herein used for purposes of Sweepstakes description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owners of said trademarks.
(2) By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules.
4. ENTRY REQUIREMENTS:
(1) Any attempt by an Entrant to submit an Entry by any method intended to deceive or obscure Entrant’s identity may void his or her Entries and may result in disqualification of his or her Entry, at the sole discretion of Sponsor.
(2) Any Entrant that Sponsor finds to be: (i) tampering with the operation of the Sweepstakes through any means; (ii) acting in violation of the Official Rules or any applicable laws; or (iii) acting in a deceptive or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud Sponsor, the Sweepstakes or any other individual or entity in connection with the Sweepstakes, may be ineligible to win or benefit from a Prize and Sponsor may seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities.
5. ENTRY PERIOD: The Administrator’s database clock will be the official timekeeper for this Sweepstakes.
6. GOVERNING LAW/VENUE: The laws of the State of California, USA apply to and govern this Sweepstakes. By entering the Sweepstakes, Entrants hereby submit to the jurisdiction and venue of the federal and state courts located in Los Angeles County, California, United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
7. WINNER SELECTION: Several potential prize winners will be selected in a random drawing from among all Entries eligible for the Sweepstakes on or about 5/10/2019 by Administrator. The random drawing will be conducted by Administrator using randomization methods. Every qualified entry will be assigned a sequential number, and number randomizer software will be utilized to select all winners.
Decisions of Promotion Parties shall be final and binding in all matters relating to this Sweepstakes. The potential prize winner will be notified via Instagram Direct Message on or about 5/20/2019.
It is Entrants’ responsibility to timely reply to Promotion Parties and to timely check your Instagram account for such messages. Promotion Parties are not responsible for any failure of delivery of notice attempting to use such methods.
Potential prize winners (or parent or legal guardian if potential winner is a Minor) will be required to respond to the notification within five (5) days, providing first and last name as well as a complete mailing address within the Eligibility Area and verifying eligibility in the Sweepstakes. Potential prize winner’s failure to respond to notification within this five (5) day time period or comply with all terms of these Official Rules in any way may result in the potential prize winner being disqualified and an alternate Entrant may be randomly selected at Sponsor’s sole discretion. A prize will not be awarded until all such properly executed forms are returned. All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a Winner’s award, acceptance, or use of a prize arising from this Sweepstakes will be the sole responsibility of the Winner. An IRS Form 1099 will be issued in the name of each Winner for the actual value of the prize received. Winner must provide his or her Social Security Number in accordance with Internal Revenue Service regulations. The IRS Form 1099 will be issued for the calendar year in which the prize was delivered and fulfilled.
Additionally, if any prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its discretion, to award such prize to an alternate randomly selected eligible Entrant or if time does not permit (in Sponsor’s opinion) to not award such prize, in which case the prize will remain the property of Sponsor. Prize fulfillment will be administered by Administrator. No more than two (2) alternates may be selected for any specific prize.
ALL FEDERAL, STATE AND LOCAL TAX LIABILITIES AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner cannot assign or transfer the prize to another person, except at discretion of Sponsor.
(1) The odds of winning a Prize are determined by the total number of eligible Entries received and are equal regardless of method of entry. Only one (1) Prize may be awarded to any one (1) individual, email address or household address.
9. GENERAL: If for any reason this Sweepstakes or part thereof is not capable of running as planned, or if this Sweepstakes or any web site, page or email address associated therewith (or any portion thereof), including but not limited to a social media site becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants (or others), fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor may conduct a random drawing to award the Prizes from among all eligible, qualified Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at www.rubios.com/tacosweeps. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR PAGE (INCLUDING A SOCIAL MEDIA SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. INDEMNIFICATION: Each Entrant shall release, indemnify, defend and hold harmless each of the Promotion Parties, Instagram and their respective employees, agents, officers, subsidiaries, affiliates, shareholders and directors (collectively, the “Indemnified Parties”) from and against any and all liability, claims, losses, damages, demands, causes of action, penalties, costs, and expenses arising out of or related to (i) his or her participation or inability to participate in the Sweepstakes, any statement, action or failure to act by Entrant during or in connection with Entrant’s participation in the Sweepstakes, and/or any breach or alleged breach by Entrant of these Official Rules, and, (ii) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Indemnified Parties, from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which Entrant (or Entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Indemnified Parties, including, but not limited to claims, liability, penalties, loss or damage arising out of or related to the Prizes, personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, the acceptance, possession, misuse or use of any Prize and/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of any Entry.
11. LIMITATIONS ON LIABILITY: Indemnified Parties are not responsible for: (i) any incorrect or inaccurate Entry information; (ii) human errors; (iii) technical malfunctions; (iv) failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; (v) inability to access any web site;(vi) theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; (vii) data that is processed late or incorrectly or is incomplete or lost; (viii) typographical, printing or other errors; (ix) or any other cause beyond Sponsor’s reasonable control or any combination thereof. Additionally, Indemnified Parties shall not be liable to a winning Entrant or any other person for failure to supply Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, 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, or any other cause beyond Entrant’s sole and absolute control. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, PROMOTION PARTIES’ MAXIMUM LIABILITY FOR ANY DAMAGES, REGARDLESS OF FORM OF ACTION SHALL BE LIMITED TO THE AMOUNT OF A SINGLE PRIZE.
12. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS, WHETHER PERMITTED THROUGH BINDING ARBITRATION OR OTHER PROCEEDING, WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, THROUGH ANY FORM OF ACTION; AND (4) 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, THROUGH ANY FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
14. WINNERS LIST/OFFICIAL RULES: For the name of the winner (available after 05/01/19) or a copy of these Official Rules, send a self-addressed, stamped envelope to Rubio’s Coastal Grill #RubiosTwiceAWeek" Sweepstakes - WINNERS LIST OFFICIAL RULES (PLEASE SPECIFY WHICH), c/o Socialtyze, 2150 Park Place Suite 100, El Segundo, CA 90245.