 Official RulesQUIZNOS® BACK TO SCHOOL GIFT CARD PROMOTION OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. YOU DO NOT HAVE TO BE PRESENT TO WIN. OPEN ONLY TO LEGAL U.S. RESIDENTS CURRENTLY RESIDING IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AS OF 08.06.07 AND WITH INTERNET ACCESS. VOID WHERE PROHIBITED. PROMOTION BEGINS AT 12:00:00 AM (MDT) ON 08.06.07 AND ENDS AT 11:59:59 PM (MDT) ON 09.02.07. SUBJECT TO AND GOVERNED BY THE LAWS OF THE UNITED STATES. ELIGIBILITY: Participation in this Promotion constitutes full and unconditional agreement to, and acceptance of, these Official Rules. This Promotion is only open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of 08.06.07 and with internet access, and except employees, contractors, directors and officers of TQSC II LLC (“Quiznos” or “Sponsor”), its parent, subsidiary and affiliated companies, distributors, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”), and the immediate family members of each of the Promotion Parties (spouse, parent, child, sibling, grandparent, and spouse and "step" of each) and those living in their same households. This Promotion is subject to all applicable federal, state and local laws & regulations. Void where prohibited. AGREEMENT TO OFFICIAL RULES. Participation in the Promotion constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. PROMOTION PERIOD: This Promotion will be begin at 12:00:00 a.m. (MDT) on 08.06.07 and ends at 11:59:59 p.m. (MDT) on 09.02.07 (“Promotion Period”). HOW TO ENTER: NO PURCHASE NECESSARY. Each individual who is a registered loyalty member of the Quiznos email database (a “Member”) as of the beginning of the Promotion Period will automatically receive one entry (“Entry”) into the Promotion. Each person who is not a Member as of the beginning of the Promotion Period but who becomes a Member during the Promotion Period by registering online at http://www.quiznos.com/backtoschool/ (the “Website”) will automatically receive one Entry (regardless of whether such person becomes a Member on his or her own or becomes a Member as a result of a referral from an existing Member). Limit one Entry per person as a result of being or becoming a Member during the Promotion Period. No mass entries or mechanically reproduced entries will be accepted. Your participation in this Promotion constitutes your consent for Sponsor and their affiliates to obtain, use and transfer your name, address and other information for the purpose of administering the Promotion. Sponsor reserve the right, in their sole discretion, to void any and all Entries of an entrant who Sponsor believe has attempted to tamper with or impair the administration, security, fairness or proper execution of this Promotion or to cancel this Promotion if a computer virus or other cause beyond Sponsor’s control corrupts the administration, proper execution or security of this Promotion. All Entries become the exclusive property of Sponsor and the Promotion Parties. REFER A MEMBER CONTEST AND BE ELIGIBLE FOR THE GRAND PRIZE. Each Member will have the opportunity to receive additional Entries into the Promotion by referring non-Members to become Members. For each referred individual who registers with the Quiznos email database as a result of the referral and becomes a Member during the Promotion Period (provided he or she is not or was not previously a Member, the referring Member will receive one (1) additional Entry for each person referred and who becomes a Member. Limited one Entry per Member for each referred individual who becomes a Member. A Member may only refer persons with whom the Member has an existing relationship. The Member who secures the most new Members during the Promotion Period will be eligible to win the Grand Prize (pending validation of eligibility and receipt of the Release, described below. The Grand Prize winner will be selected on or about 09.05.2007. In the event of a tie, one (1) Member will be selected by random drawing from all eligible winners. PRIZES: CONSUMER DISCLOSURE
2nd Prize : Awarded by Random Drawing to 4 Members: (ARV: $1166 for all 2nd Prizes)
3rd Prize: Awarded by Random Drawing to 28) Members: (ARV: $812 for all 3rd Prizes)
Sponsor will mail each prize to the respective winner within sixty (60) days from receipt of the Release (as defined below) from each winner and verification of eligibility. It is expressly understood that the Promotion Parties are under no obligation to any winner other than as expressly set forth herein. Each winner is solely responsible for all federal, state and local taxes and fees associated with the receipt of a prize. Limit one (1) prize per person, household or email address. The odds of winning a 2nd or 3rd prize by an eligible Member will not increase as a result of any Member referral. In the event of a dispute, entries will be deemed to have been submitted by the owner of the e-mail account on the entry. For these purposes, an e-mail account holder shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. Any questions regarding the number of entries submitted or the owner of an e-mail account shall be determined by Sponsor in its sole discretion. If an eligible prize winner is deemed a minor pursuant to applicable state law, the prize will be awarded to such minor’s parent or legal guardian who must sign all prize acceptance documents, accept the prize on the minor’s behalf and assume all responsibilities of a prize winner, including responsibility for all federal, state and local taxes and fees associated with the receipt of the prize. Should federal, state or local law impose any tax reporting or filing obligations on Sponsor arising out of the winner’s participation in the Contest (including the winner's receipt of and/or use of any prize), the winner agrees to timely provide Sponsor with any information that is reasonably needed for Sponsor to comply with any such reporting or filing obligations. 2nd PRIZE AND 3rd PRIZE DRAWING: YOU DO NOT NEED TO BE PRESENT AT THE DRAWING TO WIN. All 2nd prize winners will be selected in a random drawing from among all eligible Entries received, subject to verification of eligibility under the terms of these Official Rules. Drawings for the 2nd prize winners will be conducted on or about 09.05.2007 and the drawings for the 3rd prize winners will be conducted daily during the Promotion Period. All drawings will be conducted by a duly authorized independent representative whose decisions are final and binding. Odds of winning are solely dependent upon the total number of eligible Entries in the Promotion. Entries for this Promotion are only eligible for this Promotion and do not remain eligible for any subsequent drawings or Promotion. Each winner will be required to sign and return an Affidavit of Eligibility/Liability and Publicity Release (collectively, “Release”) (where legal) within ten (10) days of electronic or mail notification to each winner. Failure to return these documents in the time permitted, return of prize notification as undeliverable or failure to comply with these Official Rules will result in disqualification of the Entry and an alternate winner will be selected from the remaining Entries. Winners who are Tennessee residents need not complete and return a publicity release. No substitution, barter, transfer, assignment or cash redemption of any prize is permitted in whole or in part. Sponsor may substitute a prize or portion thereof of equal or greater value if an advertised prize becomes unavailable or otherwise at Sponsor’s sole discretion. PROMOTION RELEASE: By participating in this Promotion, each participant irrevocably transfers, grants and assigns to Promotion Parties, and their respective affiliates and their respective successors, assigns and licensees (unless prohibited by law) the right worldwide and in perpetuity, to use your name, likeness, voice, biographical information and photograph in commerce and in any and all media worldwide for any advertising and promotional purposes without limitation or additional compensation, as well as on the Promotion Parties websites in connection with this Promotion and other Promotion Parties promotions, including transmitting such promotional information and general communications via your e-mail address, and you hereby release the Promotion Parties from any liability with respect thereto. By participating, entrants agree to allow Quiznos to periodically send notification of special offers and promotions via e-mail. If at any time entrant decides that entrant does not wish to be contacted further about special promotions via e-mail, entrant should follow the instructions in the e-mail. GENERAL RULES: Sponsor’s decisions are final in all matters related to the Promotion. If for any reason the Promotion is not capable of running as planned, or if the Promotion or any process associated therewith (or any portion of either) becomes corrupted or does not allow the proper execution of the Promotion and processing of Entries per these Official Rules, or if infection by virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, 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 Promotion in whole or in part. In the event that the Promotion is cancelled or terminated prior to the end of the Promotion Period, Sponsor reserves the right to have the winners selected in a random drawing from among all eligible, non-suspect, Entries received prior to the time of the action or event warranting such cancellation or termination. False and/or deceptive Entries or acts of any kind shall render entrants ineligible to receive a prize in Sponsor’s sole discretion. Promotion Parties are not responsible for any typographical or other error in the printing, advertising or administration of the Promotion or in the announcement of prizes/prize winners. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for the State of Colorado, or the appropriate Colorado State Court located in Denver, Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, entrants waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the entrant and the Promotion Parties in connection with the Promotion, 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 (whether of the State of Colorado or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Colorado. RELEASE OF LIABILITY: By participating in this Promotion, entrants agree to be bound by the Official Rules and the decisions of the Sponsor and to release the Promotion Parties, their respective parent companies, affiliates, subsidiaries, representatives, franchisees, partners and agents, and each of their respective officers, employees, directors, shareholders, representatives, successors and assigns from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with participation in the Promotion, or the downloading or accessing of Promotion or entry materials, or the acceptance, possession or use/misuse of any prize awarded herein. Participants acknowledge and agree that the Promotion Parties are not responsible for: lost, late, damaged, misdirected or incomplete Entries (all such entries will be disqualified); incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the transmission, receipt or processing of entries; entries not received due to lost, failed, delayed or interrupted connections or miscommunications; other electronic malfunctions, delays, or errors; human error; technical malfunctions or defects of computer systems or telephone networks utilized in the Promotion; theft, tampering, destruction of or unauthorized access to, or alteration of, Entries; data processing that is processed late or incorrectly; or any entry that is submitted in a manner that is not specifically allowed under these Rules (all such Entries shall be disqualified). By participating in the Promotion, entrant agrees to release and hold Sponsor and Promotion Parties, harmless from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Promotion. By accepting a prize, winners agree to release and hold Sponsor and Promotion Parties harmless for any loss or injury resulting from participation in the Promotion or acceptance or use/misuse of any prize. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. WINNERS LIST: For a list of the winners’ names, mail a self addressed envolpe to Quiznos Back-To-School Promotion, 1475 Lawrence, Suite 500, Denver, CO 80202. For a copy of the Official Rules, go to http://www.quiznos.com/backtoschool/rulesandregs.aspx SPONSOR. This Promotion is sponsored by TQSC II LLC (“Quiznos”), 1475 Lawrence Street, Suite 400, Denver, CO 80202 ("Sponsor"). “Quiznos” and related marks are property of QIP Holder LLC. |