Rubio’s Rewards Back to Baja Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The Rubio’s Coastal Grill Rubio’s Rewards Back to Baja Sweepstakes (the “Promotion”) is open only to legal residents of Arizona, California, and Nevada who are at least eighteen (18) years of age or older and a Rubio’s Rewards Member at the time of entry. Employees of Rubio’s Restaurants, Inc. (“Sponsor” and “Rubio’s”), Power Digital Marketing, Inc., Propaganda, Inc., Southwest Airlines, RG Marketing (“Administrator”), and its franchisees, and their parent and affiliate companies and suppliers (“Sweepstakes Entities”), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to participate in Sweepstakes or receive a prize. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void outside the listed states and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Rubio’s Restaurants, Inc., 2200 Faraday Avenue, Suite 250, Carlsbad, CA 92008.

3. Timing: The Promotion begins on September 27, 2023, at 9:00 a.m. Pacific Standard Time (“PST”) and ends on October 31, 2023, at 11:59 p.m. PST (the “Promotion Period”). Administrator’s computer is the official time-keeping device for this Promotion.

4. How to Play: There are 2 ways to play: ­

a) Using the App, Ordering Online or In-Store: For each purchase during the Promotion Period made by ordering through the Rubio’s App, ordering online at www.rubios.com using your online account, or checking into Rubio’s Rewards in store, you will receive one (1) entry into the Promotion. Limit one (1) entry per day during the Promotion Period.

b) Mail-In Free Method: During the Promotion Period, to participate without using your smart phone, computer or the App or visiting a participating Rubio’s retail location, hand print your name, address, day and evening phone numbers, email address (if any), and date of birth on a 3″ x 5″ piece of paper and mail it in an envelope with proper postage to “Rubio’s Rewards Back to Baja Sweepstakes,” 4180 W. 190th Street, Torrance, CA 90504. Each submission is one (1) entry into the Promotion. Limit: One (1) entry per envelope. All mail-in requests must be handwritten and postmarked by November 01, 2023, and received by November 03, 2023.

LIMIT THIRTY-FIVE (35) ENTRIES TOTAL PER PERSON REGARDLESS OF METHOD OF ENTRY.

5. Sweepstakes Drawing/Odds: On or about November 09, 2023, the Administrator will conduct a random drawing from all eligible Entries received within the Promotion Period and select eleven (11) Promotion Prize winners. Odds of winning a Promotion prize depend on the number of eligible entries received

6. Prizes: One (1) Grand Prize: One (1) grand prize is available to be awarded: a trip to Cabo San Lucas, Mexico (the “Trip”) for the Grand Prize winner and one (1) guest (the “Grand Prize”). The Trip is comprised solely of the following elements:

  • Round-trip coach class air transportation for up to two (2) people from a single major commercial airport near winner’s residence in California, Nevada or Arizona to a major commercial airport near Cabo San Lucas on Southwest Airlines;
  • 4 days and 3 nights hotel accommodation at a hotel of Sponsor’s sole choosing (single room double occupancy);
  • Ground Transportation via private car service to and from: (i) airport and (ii) the hotel;
  • $200 per day food stipend supplied via Visa Gift Card;

The ARV of the Grand Prize is $4,000.

Ten (10) First Prizes: Ten (10) first prizes (a “First Prize”) are available to be awarded, each consisting of one (1) one-hundred-dollar ($100) Rubio’s Gift Card. Subject to the terms and conditions of the Rubio’s Gift Card.

Grand Prize Details:

The value of the Grand Prize will be taxable to the Winner as income. An IRS Form 1099 and W9 will be issued in the name of the Winner for the actual value of the prize awarded. All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of a prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. Failure to complete any component of any Grand Prize does not relieve the Grand Prize Winner of his/her tax obligations associated with winning such Grand Prize.

Specific travel arrangements and all prize details not specified herein will be made and determined at the Sponsor’s sole discretion. Travel must originate from and end at the same airport and Grand Prize Winner and Guest must travel on the same itinerary. Grand Prize Winner’s guest must be eighteen (18) years of age or older. Winner and guest are expected to follow COVID guidelines set by state and local governments. If the winner elects to travel or partake in the Grand Prize without a guest, no additional compensation will be awarded to the winner. Trip must be taken by 12/31/24 and booked at least thirty (30) days in advance. The actual value of the Trip may vary depending on point of departure and fluctuations in the cost of air transportation. Travel dates are subject to availability; blackout dates and other restrictions may apply. Winner and guest are responsible for having valid travel documents including government identification and/or passports. Winner is responsible for all travel expenses not included herein, including airline baggage fees, gratuities, meals, and any other incidental costs or expenses related to participation in this prize. Winner and his or her guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Trip. Winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the winner. Sponsor bears no responsibility if any event, element, or detail of a prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the prize, minus any unavailable event, element, or detail. No more than one (1) Grand Prize will be available in the Sweepstakes. No refund or compensation will be paid in the event of the cancellation or delay of any portion of the Grand Prize, or any portion thereof.

In the event a Winner or their guest engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip early, in whole or in part, with no further obligation. In the event a Winner or their guest engages in behavior during that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Winner or their guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. NEITHER SPONSOR NOR ANY SWEEPSTAKES ENTITY SHALL HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF OR RELATED TO THE GRAND PRIZE OR ANY ACTIVITY RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF WINNER’S OR THEIR GUEST’S ACCEPTANCE OR USE OF THE GRAND PRIZE. Prizing may be fulfilled by a third-party fulfillment agency. Grand Prize will only be awarded if properly claimed according to the Official Rules. All costs and expenses related to the Grand Prize acceptance; the Grand Prize use not specified herein as being provided are the sole responsibility of the winner.

THE GRAND PRIZE IS AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE CONTEST PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.

Grand Prize will only be awarded by Sponsor upon potential winners’ verification of eligibility and final approval by Sponsor. No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. Grand Prize (or any component thereof) details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Grand Prize consists only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Sponsor will determine all Prize details in its sole discretion.

7. Winner Notification: Administrator will notify potential Winner on or about November 10, 2023, via email. If a potential winner does not reply within two (2) days, or is deemed ineligible in Sponsor’s sole discretion, the prize will be forfeited. In the event that a potential winner is disqualified for any reason, or a prize comes back as undeliverable, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. In Sponsor’s discretion only three (3) alternate drawings will be held, after which the applicable prize will remain unawarded. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Potential winner is subject to verification by Sponsor whose decisions are final and binding in all matters relating to this Sweepstakes. An Entrant is not a winner of any prize regardless of notification unless and until Entrant’s eligibility is verified.

8. General Conditions: You must be a Rubio’s Rewards member in order to participate. If you do not have the Rubio’s Rewards App, search Rubio’s Rewards in the Apple or Google Play app stores to download the application on your mobile phone. You may also join Rubio’s Rewards online at https://www.rubios.com/rewards.

Entrants will be charged according to their carriers’ messaging and data rates and entrants should contact their carriers for pricing details.

All requests become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Administrator. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which will be disqualified.

Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to entries, the authorized account holder of the smart phone or email address used for an online account to participate will be deemed to be the entrant or player. The “authorized account holder” of a smart phone is the natural person in whose name the device has been issued and the services are billed. The “authorized account holder” of an email address is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.

Grand Prize Winner and guest will be required to complete, execute, and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within two (2) days of notification. Failure to return documents timely, or if any prize notification or prize is returned as non-deliverable, or if any winner is found to be ineligible or otherwise not in compliance with these Official Rules, winner may be disqualified, the prize forfeited, and an alternate winner selected. Where permitted by law, winners grant to Sponsor (which grant will be confirmed in writing on request of Sponsor) and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner’s name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration, except where prohibited by law, and without notice, review and approval. By participating, participants release and agree to hold harmless Rubio’s Restaurants, Inc. and the Sweepstakes entities, and their respective parents, subsidiaries, related companies, and advertising and promotional agencies, and all of their directors, officers, employees, representatives and agents (individually and collectively “Releasees”) from any and all liability for any injuries, loss or damage of any kind (whether due to negligence or otherwise,) to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, or participation in any Promotion or travel related activity, or participation in this Promotion.

Sponsor reserves the right, at its sole discretion, to disqualify any individual found, in its sole discretion, to be (a) tampering with the entry process or the operation of the Promotion, Mobile App or www.Rubios.com(the “Web site”); (b) in violation of the Terms of Service of the Web site; (c) acting in violation of the Official Rules; or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified.

9. Limitations of Liability: Releasees are not responsible for lost, late, mutilated, misdirected, incomplete, illegible, or postage due mail, email or entries, or for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Promotion, and further are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, jumbled, scrambled or misdirected transmissions, traffic congestion, communications line failure, theft or destruction or unauthorized access to the Web site, Internet or Web site access or availability, or for any hardware or software or program/programming malfunctions whether due to technical errors or failures or unauthorized human intervention, or for the failure to capture, or loss of, any entry or other information. Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the Web site. If, for any reason, this Promotion, or any part thereof, as solely determined by Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion and/or select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor.

IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE MOBILE APP, WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE MOBILE APP OR WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Privacy Policy: Any personal information supplied by you when entering this Sweepstakes will be subject to the Sponsor’s privacy policy posted on https://www.rubios.com/privacy. In addition, unless prohibited by the applicable privacy policy or by