Data Privacy and Security Policy
QUIZNOS #SHELLFIE PROMOTION
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, 18 YEARS OF AGE OR OVER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY/ PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
1. ELIGIBILITY: The Quiznos® #Shellfie Promotion (the “Promotion”) is open only to legal residents of the United States 18 years of age or older and have internet access as of date of Submission (as defined herein). Employees, officers and directors of The Quizno’s Master LLC (the “Sponsor”), Quiznos franchisees and their respective licensees, affiliates, subsidiaries, advertising and promotion agencies, and the immediate family members (spouses, siblings, children, parents, grandparents, grandchildren and spouses of the foregoing, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible.
2. TO ENTER: The Promotion begins at 12:01 AM Mountain Time (MT) on March 1, 2017 and ends at 11:59 PM MT on April 15, 2017 (the “Promotion Period”). During the Promotion Period, there are two ways to enter: online and by mail.
There is no limit to the number of times you may enter online or by mail, however each entry must be a different Submission and each mail-in entry must be mailed separately. It is solely the responsibility of the entrant to notify Sponsor of any changes in the entrant’s information subsequent to the date of entry.
A “Submission” is an electronic or written communication regarding Quiznos® lobster and seafood-based products or services (“Product”) that must (i) be a photograph of the entrant with Product (“Shellfie”) and identified or “tagged” with “#Shellfie”, (ii) be in English, (iii) cannot be previously published or submitted in connection with any other promotion, and (iv) cannot be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify any Submission that it determines, in its sole discretion, is offensive or inappropriate, or that is otherwise not in compliance with these Official Rules.
By making a Submission, each entrant understands that the Sponsor is not acquiring entrant’s copyright in and to his or her Submission, but Sponsor is being granted a perpetual, worldwide, fully paid-up and royalty free right and license to use and share the Submission, in whole or part, in any media, including all Sponsor affiliated digital and social media channels (including but not limited to the Website), now or hereafter known.
Each Submission during the Promotion Period shall be an Entry to the Promotion.
3. RANDOM DRAWINGS: There will be ten (10) random drawings for the Promotion. Each of nine (9) random drawings will be conducted at a time and day in Sponsor’s sole discretion during the Promotion Period with one (1) random drawing following the close of the Promotion Period, but no later than April 30, 2017. One potential winner will be selected for each random drawing for a total of ten (10) potential winners for the Promotion. Entries during the Promotion Period are only eligible for random drawings that follow the date of Entry and will not be entered or otherwise included in any other prior random drawing. All drawings will be conducted by Sponsor in its sole discretion, and decisions of the Sponsor as to the selection of the winner(s) will be final.
4. PRIZES/ODDS OF WINNING: Each random drawing will award five (5) entrants each a prize consisting of a $20 Quiznos® Gift Card, subject to its terms and conditions (“Prize”). There will be fifty (50) Prizes in total. The total approximate retail value (“ARV”) of all Prizes awarded in this Promotion is one thousand dollars ($1,000.00). Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes are inclusive of any applicable taxes. All taxes as applicable on or connected with any Prize are the sole and exclusive responsibility of a Winner. Prizes are non-transferable. Prizes will be awarded as long as there are enough eligible Entries received. Prize and prize components may be substituted for any reason at the discretion of the Sponsor. There is no skill-testing requirement that a winner has to satisfy in order to claim a Prize.
The odds of winning will depend upon the total number of eligible Entries received. Potential winners will be notified by Facebook message, phone, mail and/or e-mail. In addition, a potential winner may be required to agree to an affidavit of eligibility/release of liability/prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time-period specified at notification before being eligible to receive his or her Prize. If any potential prize winner is found to be ineligible, fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prize winner, such potential Prize winner may be disqualified and an alternate may be selected in Sponsor’s sole discretion. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).
5. GENERAL: By participating, entrants agree: [a] to abide by and be bound by these Official Rules and decisions of Sponsor which shall be final in all respects relating to the Promotion, including without limitation the interpretation of these rules; [b] to indemnify, release, discharge and hold harmless Sponsor and Facebook and their respective subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Promotion (the “Released Parties”) from any and all injuries, liability, losses, damages, rights, claims and actions of any kind resulting from their participation in the Promotion or their acceptance, use or misuse of a prize; and, if a winner, [c] to the use of his/her name, voice, image and/or likenesses for advertising, publicity and promotional purposes without further compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so. Each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. Released Parties are not responsible and shall not be liable for: [a] telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any error (human or otherwise) which may occur in the processing of entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] entries which are late, misdirected, unintelligible, garbled or incomplete, or are not recorded or cannot be completed for any reason; [d] late, lost, misdirected, mutilated, incomplete, illegible or postage-due entries or mail; or [e] any condition caused by events that may cause the Promotion to be disrupted or corrupted. If, for any reason whatsoever, this Promotion, in Sponsor’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Promotion and limit entries to those legitimately submitted prior to the action taken, and/or to award the prizes in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. No more than the stated number of prizes will be awarded. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. If due to a printing, technical or other error, or any other reasons cause more than the stated number of prizes, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes (not yet awarded) by a random drawing from among all legitimate eligible prize claimants in that category. In the event of a dispute regarding the identity of the person submitting an entry via the survey, the entry will be deemed to be submitted by the “authorized account holder” associated with any given telephone number or email account at the time of entry, who must comply with these Official Rules. Potential winners may be required to provide evidence (to the Sponsor’s satisfaction) that they are the authorized account holder of the telephone or e-mail address associated with a winning entry. The authorized account holder is defined as the natural person [a] who is assigned to a telephone number by a telephone service provider or [b] who is assigned an e-mail address by an internet access provider, an online service provider, or another organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or any website associated therewith; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All entries become property of Sponsor. No prize transfer or cash redemption. No prize substitution except by Sponsor due to prize unavailability, in which case a prize of comparable or greater value will be awarded. All federal, state and local regulations apply.
For a copy of these Official Rules, mail a self-addressed stamped envelope to be received by April 30, 2017, to: Quiznos #Shellfie Promotion, 7595 Technology Way, Suite 200, Denver, Colorado 80237, USA, ATTN: Kristen Melick. Additionally, a copy of these rules shall be posted during the Promotion Period at http://www.quiznos.com/About/Privacy-Policy/social-policy.aspx?utm_source=lobster%20campaign&utm_medium=social%20policy%20table%20tent .
6. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the conduct of the Promotion; the construction, validity, interpretation and enforceability of these Official Rules; or the rights and obligations of entrants or Sponsor in connection with the Promotion will be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws principles, and any actions, arbitrations, claims or suits shall be held in the State of Colorado. If for any reason a claim proceeds in court rather than in arbitration described below, Sponsor and Entry each waive any right to a jury trial
BY ENTERING THE PROMOTION, 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ 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, SO THE ABOVE MAY NOT APPLY TO YOU.
7. DISPUTE RESOLUTION: THE PARTIES AGREE THAT ANY DISPUTE OR CLAIM OR LEGAL ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THE CONDUCT OF THE PROMOTION OR THESE OFFICIAL RULES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT ENTRANTS MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Quiznos #Shellfie Promotion, 7595 Technology Way, Suite 200, Denver, Colorado 80237, USA ATTN: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
8. WINNER LIST: For a list of winners, mail a self-addressed, stamped envelope to be received by May 31, 2017 to: Quiznos #Shellfie Promotion, 7595 Technology Way, Suite 200, Denver, Colorado 80237, USA, ATTN: Kristen Melick. Winner list will be available after April 30, 2017.
10. SPONSOR: The Promotion is sponsored by The Quizno’s Master LLC, 7595 Technology Way, Denver, CO 80237. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.
EFFECTIVE DATE: March 16, 2016
Information Collected and How It Is Used
Information is collected about you (directly and/or through the activities of third party suppliers and service providers ("suppliers") and/or franchisees) from various sources, including without limitation the following:
1. information you provide when you Contact Us through this Site,
2. information you provide on the Program/account registration and other online pages, surveys, or other submission through this Site and/or in connection with Programs and services available through this Site,
3. information recorded as a result of your interaction with us and/or franchisees and/or use of the Site (including without limitation information we receive when you use your Program member card(s), historical sales information, information about your location and the device you are using, through this Site or any other website or in any other manner),
4. information you provide when you respond to surveys conducted by or on behalf of us and/or franchisees,
5. information we gather about you through our marketing activities (see the Site Usage and Targeted Marketing Information section below),
6. information we collect about you from outside of this Site, including without limitation information we receive from you in person and/or from third parties (including without limitation from franchisees and referrals from third parties),
7. information we collect about you from third parties in order to supplement our existing information about you, and
The information collected may be combined with other information and may be used and disclosed in a number of ways by us (directly and/or through the activities of franchisees and/or supplier(s)), to help us better understand and serve our customers, or as otherwise described, including without limitation as described below.
• To provide you with, or otherwise respond to your requests for, information and/or services, including but not limited to e-newsletters, access to our webcasts concerning quarterly earnings, marketing and other programs, identifying a Quiznos location and letting you know if you qualify for an Operation Donation program.
• To administer Programs and services, including without limitation providing you with services and Program benefits, features and related communications, to verify your participation in the Program or service, to process orders placed and applicable payments, to track submissions, to make your historical ordering information available to you for your future ordering purposes. Note that third party information you provide (for example, your friend in a forward-to-a-friend program) may be maintained in connection with your submission.
• To provide you with information about new products or services, events in our Quiznos, events that Quiznos or its franchisees sponsor, including but not limited to contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about our affiliated company(ies), franchisees and/or other programs with which any of us or them are involved.
• To enhance our customers' and Site users’ experiences in our Quiznos, on this Site or in a Program and enhance the sales efforts of Quiznos and/or its franchisees.
• To provide Site and Program functionality.
• To conduct research and analysis and to otherwise measure the effectiveness of this Site, our online and offline marketing efforts and to develop and implement products, services, and marketing programs. This analysis may include combining personal data drawn from online and offline sources.
• To work with third parties to append data to our records or enable other parties to append your non-personal data to their records.
• In connection with certain submissions by you as described in the Statement.
• To coordinate Program activities and communications with other marketing programs conducted by us and/or franchisees.
• To process your online job application and related information.
• For purposes of targeted or customized advertising or messaging to you, as further described in Site Usage and Targeted Marketing Information.
• To learn more about potential investors in our company, and to allow you to ask questions and receive responses during our webcasts for investors.
We do not sell or rent to third parties any of the personal information that you provide to us through this Site, however, we do provide your information to our suppliers who are performing services for us, but we do not authorize third parties unaffiliated with Quiznos to make independent use of your personal information for their own benefit, such as for their own direct marketing, without your consent. Additionally, aggregated and/or anonymous information about our users may be shared with any number of third parties. Additionally, we may share your information with our affiliates, franchisees, lenders, investors and/or third party providers. In addition to the uses described above, we share information with these third parties primarily to respond to your specific request or to obtain their service and/or advice on how to improve our business. Your personal information may be transferred to and within the United States, and certain of your personal information may be transferred to other countries. Please also see Security of Your Personal Information below.
Information and forms available on the Franchise Information section of this Site are applicable only to prospective franchisees in the United States. If you would like to inquire about becoming a franchisee outside of the United States, please contact our Franchise Development department.
Information on a submitted online form will become part of any application for a Quiznos franchise that you might later submit. We may disclose your personal information to our business units, agents, affiliates and to other third parties as part of our consideration of any subsequent franchise application. We do not authorize unaffiliated third parties to use your personal information for any purpose other than consideration of your application.
On occasion, Quiznos may conduct or sponsor contests/sweepstakes with the opportunity to win prizes. As part of entering a contest or sweepstakes on-line through this Site or through a third party provider site, certain personal information may be required. This information will be used as described in the applicable Official Contest/Sweepstakes Rules.
Job Application Information
Please note that certain suppliers' sites may also allow you to submit your resume and/or otherwise apply for jobs at franchisee locations. Quiznos is not responsible for the hiring or employment practices of its franchisees. As described in the Our Business Structure section in the Statement, Quiznos assumes no responsibility for the privacy practices of our franchisees in their handling of the personal information they collect from you online or offline. If you have questions or concerns about a Quiznos franchisee, please contact that franchisee directly. If you need assistance reaching a franchisee, please Contact Us or see the For More Information section below.
If you are a member of the press, Quiznos will collect your name and contact information in order to respond to you. We may store your personal information and inquiries for future reference.
Site Usage and Targeted Marketing Information
Protecting Our Community
This Site is not directed toward children under the age of thirteen, and we do not knowingly collect any personal information from children under the age of thirteen. If you are between the ages of 13 and 18, please ensure that you use this Site with the permission of a parent or guardian. If a child under thirteen provided this Site with personal information, we ask that a parent or guardian Contact Us, call us at 303.359.3300 or write us at Attn: Legal Department, 7595 Technology Way, Suite 200, Denver, Colorado 80237, and we will promptly delete the child's information from our records.
Security of Your Personal Information
Quiznos maintains reasonable physical, electronic and procedural safeguards to protect your personal information. Unfortunately though, we can't guarantee that any safeguards or security measures will be sufficient to prevent a security problem. If you believe your account(s) have been compromised, please immediately Contact Us and take immediate action to remove the credit card, Quiznos gift card or other payment information associated with your account(s). Personal information and non-personal information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for personal information as great as that offered in other jurisdictions. Therefore the disclosure of personal information is at your own risk. We make no representation that the practices described in this policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of personal information. Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.
Transfer of Assets or Business
In the event of a transfer or sale of some or all of our business or assets, Quiznos may disclose your personal information to those involved in such a transfer or sale of business or assets.
Changing Your Information
Please notify us immediately of a lost or stolen member card. If you need to update, verify or delete your personal information related to a particular Program or service, please edit your account in the area provided, if available as part of a Program, Contact Us, or contact us at Customer Resource Group, Quiznos, 3630 S. Geyer Road St. Louis, Missouri 63127. Note that not all fields are able to be changed. If you need to update or verify your personal information related to a job application, or wish to remove yourself from future consideration for other career opportunities, please go to the Careers section of this Site, and use your user name and password to update or verify your personal information or to indicate that you no longer want to receive emails regarding other career opportunities. Please, note, however, that changes made either in an account area or by contacting us directly may not remove your personal information from specific uses for which it was previously provided or active marketing or other programs. This information will be updated as soon as reasonably possible, subject to retention for Program administration, dispute resolution, troubleshooting and other valid legal or business reasons. Please note that your historical usage information may remain in our records.
To opt-out of email marketing communications, unsubscribe using the "unsubscribe" choices at the bottom of an email marketing communication from us, or refer to the applicable account page. To opt-out of certain site and online advertising tracking, see Application/Site Usage and Targeted Marketing Information. To opt-out of future offline uses of your personal information, do not use your Program member card(s) or account(s) and Contact Us and request that your personal information be deleted. Please, note, however, that changes made either in an account area or by contacting us directly may not remove your personal information from specific uses or active marketing or other programs. This information will be updated as soon as reasonably possible, subject to retention for Program administration, dispute resolution, troubleshooting and other valid legal or business reasons. Please note that your historical usage information may remain in our records.
Third Party Sites
Although this Site may open a new browser window when you click on a link to a third party's site, we do not guarantee that you will receive this alert when you leave this Site. It is your responsibility to determine when you have left this Site.
California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Quiznos who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please Contact Us or write us at: Quiznos Help Desk 7595 Technology Way, Suite 200, Denver, Colorado 80237.
For More Information
Attn: Legal Department
The Quizno’s Master LLC
7595 Technology Way, Suite 200
Denver, Colorado 80237
Or by Fax to: Legal Department at 303.573.2433
The Quiznos® and QuiznosSub® trademarks and others are owned by The Quizno’s Master LLC. All Rights Reserved.
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