RUBIO’S COASTAL GRILL^®

BATTLE FOR THE BEST FISH TACO

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. This contest is sponsored by Rubio’s Restaurants, Inc., 2200 Faraday Ave. Suite 250 Carlsbad, CA 92008 (the “Sponsor” or “Rubio’s”).

1. PROMOTION DESCRIPTION: Rubio’s invites you to submit your most delicious and creative fish taco recipe for a chance to participate in a live cook-off , take home a cash prize, for a limited time, in accordance with these terms and conditions (“Official Rules”). The Contest consists of three (3) sequential phases:

1. Recipe Entry Judging to Determine Up to Ten (10) Semi-Finalists
2. Guest Voting to Determine Up to Three (3) Finalists
3. Finalist Cook-Off, to be held at Rubio’s headquarters in Carlsbad, California

2. AGREEMENT TO BE LEGALLY BOUND BY RULES: By participating in the Contest, Participant unconditionally accepts and agrees to be legally bound by these Official Rules, and the decisions of Sponsor which shall be final and binding in all respects.

3. ELIGIBILITY: The Rubio’s Coastal Grill Battle for the Best Fish Taco (“Contest”) is open only to individuals 18 years of age or older who are residing and located in California, Arizona and Nevada (except where prohibited or restricted by law). The following individuals are not eligible to enter: Rubio’s (and its subsidiaries and affiliated companies) directors, shareholders, officers, corporate employees and restaurant District Managers and Regional Directors,; Rubio’s distributors, wholesalers, retailers, suppliers, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”); and the immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual.

4. HOW TO ENTER: Participants must submit an original fish taco recipe via the Entry Form, and all required accompanying information as described below, between 12:00:00 AM PT on February 6, 2023, and 11:59:59 PM ET on February 27, 2023 (“Contest Entry Period”) in strict accordance with the registration and entry process described below. Sponsor is not responsible for late, lost, or misdirected entries that are not received in a timely manner or are lost due to computer or electronic malfunction or other error, or due to inaccessibility of the Internet or portions thereof.

5. REGISTRATION AND SUBMISSION: Participants should visit the Rubio’s Coastal Grill Battle for the Best Fish Taco website (rubios.com/fish-taco-battle) (“Contest Website”) during the Contest Entry Period to register by providing all requested information (including Entrant name, city, state, zip code, email address, phone number, the name of your Recipe, recipe details, a photograph of your completed taco, and your agreement with these Official Rules including Finalist Cook-off participation). Complete the registration step by clicking the “Submit” button. If you do not complete this registration step, your Recipe will not be submitted for review and possible inclusion into the Contest or eligible for a prize. Registration must be completed during the Contest Entry Period.

RECIPE SUBMISSION REQUIREMENTS

• All Submissions must be in English.
• Ingredients should include shrimp, Mahi Mahi, or pollock; either flour, corn, or keto shell tortilla; but should not include nuts or raw seafood.
• Submissions (including photos) may not contain any third-party trademarks, logos, trade dress (“Marks”), or promotion of any brand, product, or service, except for the Rubio’s Marks.
• Recipe instructions should include complete, step-by-step cooking directions, including timing and temperature for any cooked components, and standard, unabbreviated U.S. measurements, (i.e., cups, tablespoons, teaspoons, ounces, or pounds), specific amounts for each ingredient (i.e., number of lettuce leaves, exact teaspoons of salt and pepper; do not say “to taste” for any ingredient).

ADDITIONAL SUBMISSION CONDITIONS

• Submission must be entirely original and created by you. Use of any elements that are not original may result in disqualification of Submission, in Sponsor’s sole discretion.
• Once you register your Recipe in the Contest, your Submission is final and may not be modified or edited. No Submissions will be returned.
• There is no limit to the number of entries an individual can submit in the Contest; however, the same Recipe may not be registered for the Contest more than once. No mechanically reproduced, incomplete, forged, software-generated or automated multiple entries will be accepted.
• All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these Official Rules. Submissions that do not include all required information or comply with these Official Rules or that otherwise contain prohibited, inappropriate, or irrelevant content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize.
• In the event of duplicate or multiple similar entries, Sponsor may consider the timing of such entries in making a decision but will not be bound to designate as a potential Semi-Finalist the first submission of such similar entries.
• The person named as the registered owner of the email account associated with the Submission and named on the Contest Registration form for the Submission will be deemed the entrant (“Entrant”). In the event of dispute regarding the identity of an Entrant, dispute will be resolved in favor of the individual who is the “authorized email account holder” of the email address provided. “Authorized email account holder” is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning email addresses for the domain associated with the submitted email address. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators related to a Submission.

 6. PARTICIPANT AGREEMENT CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by registering, Participant agrees with all following conditions:

• Participant agrees, if selected a Finalist, to travel to and participate in a Iive Cook-Off to be held the week of April 17^th, 2023, in Carlsbad, California (which will be videotaped and portions publicly distributed), and comply with all winner and travel requirements, as described in “Winner Selection” and “Prizes” below.
• Participant warrants and represents that the Recipe and all submission materials do not and shall not infringe on any copyright or other right of any third party, and Participant has the right to grant any and all rights and licenses granted to Sponsor herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. Sponsor may, but shall have no obligation to, post, display or otherwise make publicly available any content submitted by Participant, and may in its sole and unfettered discretion, remove, edit, modify or delete any portion of the information submitted to the Contest or disqualify Participant from the Contest based on failure to meet these requirements. Sponsor grants you the limited permission to use Rubio’s marks in your Submission solely for purposes of entering. You shall immediately cease any and all use of the Rubio’s Marks upon expiration or termination of this Contest.
• Participant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, perpetual and royalty-free right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), Participant’s Submission, including, but not limited to, the photograph, Recipe name, ingredients and cooking methods contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Participant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using Participant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Participant or any other party. Participant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude, or relate to, the Sponsor’s use of the Submission, and agrees not to sue or assert any claim against the Sponsor or the Contest Parties for the use of the Submission or Participant’s Likeness or statements. Participant further agrees to release Sponsor from any and all claims that any advertising, menu items or other content subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Participant’s rights with regard to any elements, characters or ideas contained in any Submission.
• Participant acknowledges and agrees that any content submitted (or in the case of Finalists, created in the Cook-Off), may be made available for viewing, voting and comment on by the public, and possible inclusion on Rubio’s Coastal Grill menu, and acknowledges that comments with which Participant disagrees or dislikes may be published or otherwise become associated with any such content.
• Participant agrees to indemnify and hold Sponsor and Contest Parties and their respective affiliates, officers, directors, shareholders, agents, co-branders or other partners, and any of their employees (collectively, the “Released Parties”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the Participant’s Submission, conduct in creating a Submission or participation in this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

7. WINNER SELECTION

Determining the Semi-Finalists and Finalists

Up to ten (10) Semi-Finalists will be chosen by Sponsor based on the following criteria (“Contest Criteria”):

• 20% Ease of preparation
• 25% Brand fit
• 25% Creativity
• 30% Taste/Craveability

The Semi-Finalist Recipe submissions, as edited and modified in Sponsor’s discretion, will be publicly displayed (where) beginning on or about March 20, 2023, with members of the public invited to vote on their favorite for approximately two (2) weeks. One vote per person per day. The Participants whose recipes garner the most votes will be offered the opportunity to move on to the Finalist Cook-off for a chance to compete to win the Grand Prize.  Participant agrees that any publication or public promotion of Semi-Finalist’s submission by or on behalf of Semi-Finalist will include endorsement disclosure ) (#Rubiosfishtacobattle).

Determining The Grand Prize Winner:

Up to three (3) Finalists will be invited and required to prepare their taco Recipe in a live cooking competition to take place at Rubio’s Coastal Grill Test Kitchen. A panel of qualified judges selected by the Sponsor will judge each taco prepared at the Cook-Off based on the Contest Criteria above, and determine the Grand-Prize Winner. The Cook-off, or portions thereof, may be publicly distributed and aired.

Finalists will receive travel assistance as described below. Finalists must arrive on time, as determined by Sponsor. If a Finalist is late or unable to attend for any reason, including, but not limited to illness, travel delays or force majeure, the Finalist may be disqualified. All Semi-Finalists and Finalists are subject to verification and compliance with all requirements in POTENTIAL WINNER NOTIFICATION AND CONFIRMATION PROCESS below.

8. PRIZES:

Three (3) Finalist Prizes: Up to three (3) Finalists will participate in the Finalist Cook-off at the Rubio’s Coastal Grill Test Kitchen Carlsbad, California (the “Test Kitchen”). If Finalist lives within 100 miles from the Test Kitchen, Finalist will be required to provide their own transportation to and from the event and will receive one (1) $100 pre-paid debit card for fuel, parking, toll expenses and/or any other transportation costs.  If Finalist lives more than 100 miles from Test Kitchen, Finalist will receive: (a) round-trip economy-class airfare between the major gateway airport (within the 48 contiguous states) closest to the Finalist’s residence (as determined by Sponsor in its sole discretion), for Finalist and optional guest; (b) two (2) nights standard hotel accommodations (1 room, double occupancy, room and tax only) in the Carlsbad, California area; (c) ground transportation between airport and Carlsbad area; and (d) $75 daily stipend. Finalist and optional guest must travel together on the same itinerary. Finalist is solely responsible for all other expenses not specified herein, including but not limited to, meals, fuel, parking, gratuities and hotel incidentals. Once travel is booked, no changes or cancellations will be accepted and no extensions or exceptions apply. Finalist and guest must present valid identification prior to ticketing. Airline carrier’s regulations apply. Other restrictions may apply. No alcoholic beverages are included in the prize. Finalist’s guest must be at least 18 years of age.

Approximate Retail Value (“ARV”) for each Finalist Prize is $1,800, but actual final value of prize may vary based on point of departure and ticket availability at time of purchase.

One (1) Grand Prize Winner: The Grand-Prize Winner will receive $1,000 cash, awarded as a check payable to the Grand-Prize Winner, and issued within sixty (60) days after the Finalist Cook-Off date, subject to meeting all requirements in POTENTIAL WINNER NOTIFICATION AND CONFIRMATION PROCESS below. Winner shall be solely responsible for all taxes and fees or costs associated with any prize, including but not limited to any federal or state or other income tax.

Contest Total ARV: $ 1,000

POTENTIAL WINNER NOTIFICATION AND CONFIRMATION PROCESS:

The potential Semi-Finalists, Finalists and Grand Prize Winner will be notified by Sponsor via email or telephone call at the contact information provided in the entry materials. NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS THE CONFIRMED SEMI-FINALIST, FINALIST OR GRAND PRIZE WINNER, the potential finalists/winner (and optional guest, as applicable) will be required to sign and return within seventy-two hours (72) of notification all required documentation which will include the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with this Contest, their participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of their name, name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness, and (v) agrees to keep the details and results of the Cook-Off confidential until such information is announced by Sponsor. If the potential winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible participant from among the remaining eligible Submissions in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

Potential winners and guests will be required to complete, sign and return a W-9 form (potential winners only), an Affidavit of Eligibility, Liability Release, Copyright Assignment and Publicity Release. Potential winners’ and guests’ Affidavits of Eligibility . In addition, potential winners will be subject to a background check. All completed documents must be returned to Sponsor within the time period set forth therein or potential winner’s status will be forfeited and an alternate winner may be selected. Notification of potential winner’s status must be kept confidential until his/her Submissions are publicly revealed by Sponsor.