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Short Rules:
*Terms apply.
*Open to legal residents of Canada only, ages 16+. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. For full Contest rules, dates, method of entry, prizing and all other details, visit INSERT LINK). A total of one (1) prize is available to be won. Odds of winning depend on the number of eligible entries submitted and received in accordance with the full Contest rules. The approximate value of the grand prize is Five Thousand Five Hundred Canadian Dollars ($5,500.00). Contest begins April 29, 2024, at 12:00:00 a.m. ET and ends on May 5, 2024, at 11:59:59 p.m. ET. Skill testing question required. “Quesada© ” is a registered trademark of Foodtastic Inc.© All rights reserved.
2024 CINCO DE MAYO CONTEST
OFFICIAL CONTEST RULES
(the “Rules”)
CONTEST PERIOD. The Cinco de Mayo Contest (the “Contest”) begins at 12:00:00 a.m. Eastern Time (ET) on April 29, 2024 (the “Contest Start Date”) and ends on May 5, 2024 at 11:59:59 p.m. ET, (the “Contest Period”). All entries must be submitted and received by Administrator (as defined below) on or before on May 5, 2024 at 11:59:59 p.m. ET (the “Entry Deadline” and “Contest Closing Date”). All Prizes must be claimed by June 5, 2024at 11:59:59 p.m. ET (the “Prize Claim Deadline”).
ELIGIBILITY: Online access and a valid email address are required to participate in the Contest. To be eligible to enter, you must be a legal resident of Canada, who: (i) is eighteen (18) years of age; or (ii) is thirteen (13) years of age or older, but under the age of majority in their province/territory of residence (each, a “Minor”), and who has permission from their parent/legal guardian to participate in this Contest and be bound by these Rules (an “Eligible Entrant”). You are not eligible to enter or win a prize if you are: a) an employee, officer, director, representative or agent of Foodtastic Franchises inc. (“Quesada”), (collectively, the “Prize Suppliers”) or any of their respective parent, subsidiaries, affiliates and related companies, advertising or promotional agencies, the contest judging organization, any participating locations or the Prize Suppliers; b) Franchises Foodtastic Inc. (the “Administrator”), Foodtastic Franchises inc.(the “Prize Fulfiller”) or anyone involved in the development and/or administration of the Contest; or c) a member of the immediate family (defined as parents, siblings, children and spouse, regardless of where they live) or household ( whether related or not) of any of the above persons named in subparagraphs a) and b). The Contest is not open and void where prohibited by law.
LEGALLY BINDING AGREEMENT. By entering this Contest, all entrants agree to be bound by (a) these Rules (b) the official Site Terms and Conditions ( LINK)), as applicable; and (c) all decisions of the Administrator, which are final in all respects.
HOW TO ENTER:
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. There are two (2) ways to earn a Contest entry (each, an “Entry” and collectively, or in the plural, the “Entries”), as follows:
With Purchase: Commencing on the Contest Start Date and during the Contest Period, at participating Quesada locations in Canada, Eligible Entrants will receive:
One (1) Entry with any purchase of ten ($10.00) or more at Participating Quesada locations (defined below), for each transaction made by an Eligible Entrant registered to the Quesda rewards program when using the Quesada mobile application (the “App”) which must be used for the transaction (the “Eligible Transaction”). Eligible Entrant must download the App (defined below) and join theRewards program, opt-in for email communications and follow the on-screen instructions. For in-store purchases you must present the App at the time you pay for your Eligible Transaction. No Entry will be obtained if you present your the App or the Site after your purchase is completed;
Two (2) Entries with any purchase of ten ($10.00) or more through the App at Participating Quesada locations, for each Eligible Transaction made by an Eligible Entrant on May 5, 2024. For in store purchases, you must present the App or the Site when pay for your Eligible Transaction. No Entries will be obtained if you present your Quesada Application after your purchase is completed; and
For additional clarity, each Eligible Transaction will be eligible to receive a maximum of one (1) Entry between April 29, 2024 to May 4, 2024 and a maximum of two (2) Entries on May 5, 2024.
No Purchase Necessary: To obtain one (1) Entry in the Contest without completing an Eligible Transaction, print your first name, last name, telephone number, electronic mail address, complete mailing address (including postal code), age and signature on a plain white piece of paper and mail it (in an envelope with sufficient Canadian postage) along with a 50 word or more unique and original essay expressing your passion for Quesada to: (Quesada to : Quesada Marketing, Foodtastic 9300 Route Transcanadienne, Suite 310 Saint-Laurent, Québec H4S 1K5 )(collectively, the “Request”). The original essay must be written without the use of any machine, technology or artificial intelligent assistance. If the Administrator or Prize Fulfiller, in the Administrators and/or Prize Fulfiller’s discretion, believes that such assistance was used, the Request may be disqualified. Upon receipt of a valid Request in accordance with these Rules, you will be eligible to receive one (1) Entry in the Contest. To be eligible, your Request must: (i) be received separately in an envelope bearing sufficient Canadian postage (i.e. multiple Requests in the same envelope will be void); and (ii) be post-marked during the Contest Period and received prior to the Entry Deadline.
Participating Locations: Quesada locations may not be able to participate in the Rewards Program. For this particular contest only locations in Canada are considered participating locations. A full listing of participating restuarants can be found by visiting: (INSERT LINK) (collectively, “Participating Locations“).
PRIZE: There is one (1) grand prize (the “Prize”) available to be won, consisting of: (i) a travel credit voucher valid up to a maximum of Five Thousand Dollar ($5,000.00) to be applied to a trip to Mexico (the “Travel Voucher”); and (ii) a Five Hundred Dollar ($500.00) Quesada catering voucher (the “Catering Voucher”).Odds of winning a prize are dictated by the total entries, winners will be selected using a randomizer. Some restrictions apply.
The Prize contains a travel voucher (as defined at Rule 5), which is only valid for use on flights and hotel bookings to Mexico.
The Travel Voucher may require and be limited to booking through a third party provider or travel agent.
The Prize must be accepted as awarded and cannot be transferred, assigned, substituted, or redeemed for cash.
The Prize winner and any travel companions must have all the necessary documentation to permit travel (e.g. passport, visa) and not have any barrier to entry into any country selected as the travel destination.
The following additional expenses are the sole responsibility of the Prize winner and their travel companions including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for winner and any travel companions to and from the Canadian international airport nearest the Prize winner’s residence; transportation while visiting travel destination; excess baggage fees; and items of a personal nature (NOTE: winner may be required to present a valid major credit card at the time of booking to cover any incidental expenses).
Any unused portion of the Prize will be forfeited and has no cash value.
The Prize cannot be replaced if lost, stolen, destroyed, or expired.
TOTAL VALUE. The approximate total retail value of the Prize awarded in this Contest is Five Thousand Five Hundred Canadian dollars (C$5,500.00).
Prize Draw. Eligible Entrants who have obtained an Entry can be automatically entered into the final draw (the “Prize Draw”) to become eligible to win the Prize. An Eligible Entrant may make an Eligible Transaction or Contest Request as defined above for a chance to win a Prize. Eligible Entrants can access the App or Site through a mobile device, tablet, or computer. If using a mobile device or tablet standard data rates may apply. The Prize Draw will be conducted bythe Prize Fullfiller using a randomizer and winners will be announced on the Quesada website and social media on or around the week of May 27, 2024 —-(the “Draw Date”).
PRIZE ACCEPTANCE AND REDEMPTION
TRANSFER & ASSIGNMENT. All prizes must be accepted as awarded. Prizes are not transferable or assignable and must be accepted as awarded with no substitutions in cash or otherwise, except at Administrator’s sole discretion.
LIMIT. Each Participant is eligible to win only one (1) prize per person or per household.
Redemption. The Prize winner will be chosen by randomized draw conducted by the Prize Fulfiller on the Draw Date. The Prize Fulfiller will contact the selected winner within three (3) business days of the Draw Date by email and/or by phone. If the eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable (such eligible winner referred to herein as an “Unresponsive Winner”); then he/she may, in the sole and absolute discretion of the Administrator, will be disqualified (and, if disqualified, will forfeit all rights to any Prize) and the Administrator reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate Eligible Entrant as an eligible winner, in place of the applicable Unresponsive Winner, from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). The Releasees (as defined below at Rule 10) or their designated representatives, are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify an eligible winner. The Prize must be redeemed by May 4, 2025, for travel to be completed by June 1, 2025.
SKILL-TESTING QUESTION REQUIREMENT: To be declared a winner of the Prize, a selected Eligible Entrant must first have complied with these Rules and correctly answer, a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise. If an Eligible Entrant: (i) fails to correctly answer, or incorrectly answers the skill-testing question; (ii) fails to or cannot accept the applicable Prize, as awarded, for any reason whatsoever; then the applicable Prize will be forfeited.
VERIFICATION OF ENTRIES. The validity of any Contest entry is subject to verification by the Administrator. The Releasees (as defined below at Rule 10) will not be responsible for illegible, incomplete, lost, misdirected, technical failures or late entries, all of which will be void. For greater certainty and the avoidance of any doubt, Eligible Entrant can use only one (1) email address to enter this Contest. If it is discovered by the Administrator that any person has attempted to: (i) obtain more than the maximum stated number of entries as outlined in these Rules; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest; then he/she may be disqualified from the Contest and all of his/her entries voided. Use (or attempted use) of multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Administrator. All entries are subject to verification at any time and for any reason. The Administrator reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Administrator – including, without limitation, government-issued photo identification) to participate in this Contest. Minors who are selected as potential winners may be required to provide proof to Administrator, in a form suitable to Administrator, that the Minor has permission of his/her parent or legal guardian to participate in the Contest and to accept the prize awarded. The Minor’s parent or legal guardian may also be required to sign documentation and/or waivers, as directed by Administrator. Failure to provide such proof or documents to the satisfaction of the Administrator in a timely manner may result in disqualification.
SUBSTITUTIONS. Subject to the approval of the Régie des alcools, des courses et des jeux, where applicable, the Administrator reserves the right, in its sole discretion to substitute a Prize of equivalent monetary value if the Prize or any part of the Prize cannot be awarded as described for any reason. The Releasees (as defined below at Rule 10) will not be responsible, however, if weather conditions, labour disputes, any national emergency, pandemic, war, civil commotion, acts of terrorism, acts of government or any agency thereof or other factors beyond Administrator’s or Prize Fulfiller’s reasonable control prevent a Prize or any part of a Prize from being fulfilled. In any such event, a winner will not be provided with a substitute prize or cash equivalent. In the event that a potential winner is unable to accept any or all of the prize components due to reasons beyond the control of the Administrator or Prize Fulfiller, the prize will be forfeited, and no compensation or substitute prize components will be provided. Prizes will only be released to the verified winners. Return of any Prize/Prize notification as undeliverable may result in disqualification.
RELEASES, ETC.: Before being declared a winner, a selected Eigible Entrant may be required to sign a Prize Claim form or Declaration of Compliance and a Release of Liability form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) releases the Administrator and Prize Fulfiller, Prize Suppliers, and each of their respective advertising and promotional agencies, social media platforms, any contest judging organization, provincial liquor authorities (if applicable), parent companies, subsidiaries and affiliates of the foregoing and all of their respective directors, officers, owners, partners, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding, use and/or misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness in perpetuity without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Administrator, Prize Fulfiller, or Prize Suppliers in any manner whatsoever, including print, broadcast or the Internet. The Releasees do not make, nor in any manner are responsible or liable for: (i) any warranty, guarantee or representation, expressed or implied, in fact or in law relative to the Prize, including but not limited to its quality, merchantability, fitness for purpose or mechanical condition and (ii) are not liable for injury, loss or damage of any kind resulting from the acceptance, use and/or misuse of the Prize, or otherwise directly or indirectly, in whole or in part, from participation in this Contest. Declaration and Release documents must be returned within the time period indicated in the documents or the Prize will be forfeited.
LIMITATIONS OF LIABILITY:
Without limiting the limitations of liability set forth elsewhere in these Contest Rules and/or the Declaration of Compliance and Release of Liability, and for greater certainty, the Releasees will not be liable for: a) any incomplete or inaccurate information, whether caused by Site or App users or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the capturing and/or processing of entries; b) the theft, loss, destruction or unauthorized access to, or alteration of, entries or the Site of App; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers, internet service providers, wireless carriers, websites (including the Site) satellites or other connections, computer equipment, software, viruses or bugs; d) any miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions, or hardware or software malfunctions, failures or difficulties; e) any failure of any email to be received by or from Administrator and/or entry to be captured or recorded for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; f) any technical malfunctions, failures, or difficulties, or omissions, clerical, typographical or other error(s) or omissions in any materials connected to the Contest including, without limitation, Contest advertising, these Rules, communication whether electronic, written or oral, the offering or announcement of any prize or in any prize notification email or letter; g) damage to an Eligible Entrant’s or other person’s system occasioned by participation or downloading of materials in this Contest; h) any typographical or other errors in the offer or administration of this Contest, including but not limited to errors in advertising, these Contest Rules, the selection and/or announcement of eligible winner(s), and/or the distribution of any Prize(s); and/or g) any combination of the above.
In no event will the number of prizes issued exceed the number set out in these Rules. Subject to the provisions of these Rules, only the type and quantity of prizes described in these Rules will be awarded in the Contest. The sole responsibility and liability for any Entry error is replacement by the Administrator with another Entry, during the Contest Period, as solely determined by the Administrator. Replacement shall be the sole and exclusive remedy under such circumstances. If, due to printing or production errors or omissions, technical errors, or for any other reason whatever, the number of potential prize winners coming forward seeking to claim prizes exceeds the number of each type of prize as set out in these Rules, the prize winners, or remaining prize winners, as the case may be, of the number of prizes described in these Rules as being available in the prize category in question, in the sole discretion of the Administrator, may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. PRIZES WHICH ARE NOT CLAIMED OR WHICH ARE FORFEITED WILL NOT BE AWARDED.
PERSONAL INFORMATION: By entering this Contest, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Contest including, but not limited to, for the purpose, of receiving one or more messages, whether electronic or not, from the Administrator or its designated representative, which may provide entrants with information regarding the Contest or otherwise further the administration of the Contest and in accordance with Administrator’s Privacy Policy (available at(INSERT LINK). The entrant will be deemed to have solicited these messages from the Administrator or its designated representative by virtue of entering the Contest. By participating in the Contest and/or accepting a Prize (if applicable), the entrant consents to the collection, use and disclosure to the public of their names, addresses (city, province/territory), voices, statements and photographs or other likenesses in any publicity or advertisement carried out by Administrator in association with the Contest in any media or formats, including but not limited to the Internet, without further notice, permission or compensation and in perpetuity. Personal information will not otherwise be used or disclosed without consent. You may have the opportunity to request to receive promotion emails from Administrator about its products, special offers and promotions. You may unsubscribe from these notices at any time. Your choice to receive such emails will not impact your chances of winning. This section 12 does not limit any other consent(s) that an individual may provide the Administrator or others in relation to the collection, use and/or disclosure of their personal information.
ERRORS, ETC.: Any entries, or other materials used in this Contest that have been tampered with, mutilated, altered, forged, reproduced, not legitimately obtained, are illegible or which contain or reflect printing, production or other errors will be void.
RIGHT TO TERMINATE, SUSPEND OR AMEND: Administrator reserves the right, at its sole discretion, to a) terminate, suspend or amend this Contest, in whole or in part at any time and without prior notice if any factor interferes with its proper conduct as contemplated by these Rules; b) disqualify any individual (and all of his/her PIN Codes/Online Entries/prize claims) who tampers with the letter or spirit of the Contest as contemplated by these Rules; c) modify, suspend or cancel the Contest should fraud, a virus, “bug” or other cause beyond the reasonable control of Administrator corrupt the security or proper administration of the Contest; or d) if Administrator determines that for any reason the Contest cannot be run as originally planned or if there is any other occurrence compromising the fairness or integrity of the Contest.
Subject only to applicable law and any applicable or required regulatory approval, the Administrator reserves the right and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Administrator affects the proper administration of the Contest as contemplated in these Rules, or for any other reason.
PRIZE SUPPLIERS: Entrants in this Contest acknowledge that Prize Suppliers’ only involvement with this Contest is as a Prize Supplier, and by entering, entrants release the Prize Suppliers from any and all liability with respect to the administration of the Contest, including, without limitation, the delivery, non-delivery, acceptance, use and/or misuse of Prize(s) or parts of any Prize. The information you provide will only be used by Administrator for the purposes of the administration and fulfilment of this Contest.
MISCELLANEOUS: All decisions of the Administrator, or any contest judging organization as designated by them, are final and binding without right of appeal in all matters relating to this Contest. Any use of automated devices is prohibited. All entries become the property of Administrator and will not be acknowledged or returned. No correspondence will be entered into except with selected entrants (or any other entrant(s) as deemed necessary by the Administrator). Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide the Administrator with proof (in a form acceptable to the Administrator – including, without limitation, government-issued photo identification) that he/she is the authorized account holder of the email address associated with the entry in question.
DISQUALIFICATION. Administrator reserves the right at their sole discretion to disqualify, from this Contest and any future Contest or other promotion conducted by Administrator, any individual that they find or believe to be not in compliance with these Rules; to be tampering with the entry process or the operation of the Contest or the Site; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE CONTEST RULES AND CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Administrator’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Without limitation, Administrator reserves the right to substitute an alternate test of skill as it deems appropriate or necessary to comply with applicable law. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. If any provision of the Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
LANGUAGE. In the event of any discrepancy or inconsistency between the terms and conditions of these English Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to: the App and the Site, French version of these Rules, point of sale, television, print, radio, digital, online or any other type of advertising or other types of communications (including without limitation the abbreviated version of these Rules that appear on such advertising or other types of communications);
for participants outside the province of Québec, the English version of these Terms shall prevail, govern and control to the fullest extent permitted by law;
for participants in the province of Québec, the French version of these Terms shall prevail, govern and control to the fullest extent permitted by law.
Without limiting the generality of the foregoing, in the event the Administrator becomes aware of any such discrepancy or inconsistency, the Administrator will place a correction notice on the digital menu boards of participating Quesada Restaurants.
APPLICABLE LAWS. For Participants outside the Province of Quebec, these Rules shall be governed solely by the laws of the Province of Ontario and applicable federal laws, without regard to the conflict of laws provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, in the City of Toronto, with respect to all disputes arising out of or relating to the Rules and any related matters;
Notwithstanding the foregoing, for participants in the province of Quebec, these Rules shall be governed by the laws of the province of Quebec and applicable federal laws any litigation respecting the conduct or organization of this Contest may be submitted to the Régie des alcools, des courses et des jeux (“Régie”) for a ruling. Any litigation respecting the awarding of a prize in this Contest may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
“QUESADA”, and the Quesada Burritos & Tacos logo are registered trademarks of Foodtastic Inc. and are used under license. © Foodtastic Inc., Montreal, 2024. All Rights Reserved.