SWEEPSTAKES RULES
CAFE RIO NATIONAL QUESO DAY GIVEAWAY OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FOLLOWING STATES: ARIZONA, CALIFORNIA, COLORADO, IDAHO, MARYLAND, MONTANA, NEVADA, UTAH, VIRGINIA, WASHINGTON, AND WYOMING. VOID WHERE PROHIBITED. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Cafe Rio National Queso Day Giveaway (the “Sweepstakes”) is open only to legal residents of Arizona, California, Colorado, Idaho, Maryland, Montana, Nevada, Utah, Virginia, Washington, and Wyoming who are at least eighteen (18) years old and the age of majority in their state of residence at the time of entry. Employees of Sponsor, its parents, subsidiaries, related and affiliated entities, suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of all parties are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these official sweepstakes rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor. Cafe Rio, Inc., 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106 (the “Sponsor”).
3. Sweepstakes Period. The Sweepstakes begins at 6:00 a.m. Pacific Daylight Time (“PDT”) on September 20, 2024 and ends at 11:59 p.m. PDT on September 22, 2024 (the “Promotional Period”).
4. To Enter. There are multiple ways to enter your initial entry into the Sweepstakes and multiple ways to enter bonus entries into the Sweepstakes. Requirements for all entries must be complete during the Promotional Period. No purchase is necessary to enter an initial entry or bonus entries and not purchase is necessary to win.
Initial Entry.
You may enter your initial entry by completing each of the following during the Promotional Period:
i. Like the Cafe Rio Queso Day Giveaway Sweepstakes post on Instagram,
ii. Tag a friend in the comments section of the Cafe Rio Queso Day Giveaway Sweepstakes post on Instagram, and
iii. Follow Cafe Rio’s Instagram page (@CafeRio).
Each of the foregoing actions must be complete before 11:59 p.m. PDT on September 22, 2024 in order to receive your initial entry.
Alternatively, you may enter your initial entry by mailing a postcard with your name, address, telephone number, email address, and the phrase “Initial Entry” to Sponsor at Cafe Rio, National Queso Day Giveaway, 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106. Mail entries must be postmarked on September 22, 2024 and received by September 30, 2024.
Initial entries are limited to one entry per person.
Bonus Entries.
There are four ways to earn additional entries after your initial entry is obtained:
i. You will receive one (1) additional entry if you post the Cafe Rio Queso Day Giveaway Sweepstakes post to your story on your Instagram account and tag @CafeRio.
ii. You will receive one (1) additional entry for each additional friend you tag in the comments section of the Cafe Rio Queso Day Giveaway Sweepstakes post. Each tag must be in a separate comment in order to receive the additional entry.
iii. You will receive five (5) additional entries if you purchase a Cafe Rio entrée at any location and post a picture or video of your entrée to your story on your Instagram account and tag @CafeRio.
iv. You will also receive five (5) additional entries for each additional postcard you send with your name, address, telephone number, email address, and the phrase “Bonus Entry” to Sponsor at Cafe Rio, National Queso Day Giveaway, 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106. Each postcard for bonus entries must be mailed in a separate hand-addressed, postmarked envelope. All mail entries must be postmarked on September 22, 2024 and received by September 30, 2024.
Limit one hundred (100) entries per participant, regardless of method of entry or combination of methods of entry. Incomplete entries are void. Entries made by anyone other than an individual, and/or originating at any commercial web site or e-mail address, including, without limitation, commercial contest/sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. All entries properly submitted by the end of the Promotional Period will be eligible to win. All Winners must have the Cafe Rio App and be a member of the Cafe Rio loyalty program, instructions on how to set up a Cafe Rio loyalty account are available at https://www.caferio.com/rewards. When registering for a Cafe Rio loyalty account, you may be asked to consent to receive promotional emails and reminder emails from Cafe Rio, however, consenting to receive promotional or reminder emails is optional and does not have to be agreed upon in order to be eligible for the Sweepstakes and does not improve your chances of winning. Personal information collected in connection with this Sweepstakes will be used only in connection with and for the purposes of administering this Sweepstakes. As a condition of entering the Sweepstakes, 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 Sweepstakes and complying with all applicable laws, regulations and rules. All entries must be received by Sponsor by the deadlines, or they will be void. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements.
5. Winner Selection. On or about October 1, 2024, Sponsor in its absolute and sole discretion will select ten (10) winners. Winners will be selected by random drawing from among all eligible entries properly received.
6. Winner Notification. The winners (each, a “Winner” and together, the “Winners”) will be notified on or about October 1, 2024, by direct message on their Instagram account that was used in fulfilling the entry requirements outlined in Section 4.a. above, and/or via the email address or telephone number provided in your Cafe Rio loyalty account or on the mailed postcard, at the Sponsor’s discretion. Each Winner must be 18 years or older and the age of majority in their state at the time of entry and must be in compliance with all terms and conditions in these Official Rules. Winners may be required to execute an Affidavit of Eligibility, Liability/Publicity Release (where legal), and/or an Assignment of Rights within seven (7) days of notification or prize will be forfeited. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the email account identified on such entry. “Authorized account holder” is defined as the natural person who is assigned to (i) the Cafe Rio loyalty account; or (ii) if the Cafe Rio loyalty account is not readily identifiable prior to verification, the natural person assigned to the email account provided by the entrant by the email service provider.
7. Prizes, Travel Terms, Approximate Retail Values (“ARV”) and Odds of Winning.
Each Winner will receive free chips and queso for one year beginning on October 1, 2024 and ending on September 20, 2025, limited to one order of chips and queso (“Order”) per week (totaling 52 orders of chips and queso) (“Prize”) (for clarity, Winners cannot place more than one Order per week). There will be ten (10) Prizes awarded, to ten (10) different Winners.
The Prize will be delivered to the Winners through the My Rio Rewards app. Each Winner must download the My Rio Rewards app and become a loyalty member in order to redeem the Prize at Cafe Rio locations. The Prize is redeemable through any Cafe Rio channel including in store, online, through the My Rio Rewards app, or through a kiosk.
Prizes are non-transferable, assignable, are not for resale and have no cash value. No prize substitution or cash redemption is allowed by Winner. The Prizes may not be sold, bartered or exchanged by Winner. By accepting a Prize, Winner acknowledges compliance with these Official Rules.
Total ARV
Approximate Retail Value (“ARV”) of one Prize is $350. Total ARV of all Prizes awarded in this Sweepstakes is $3,500. Any costs and incidentals not specified herein are Winner’s sole responsibility. If a Winner cannot accept a Prize as stated, such Prize may be forfeited in its entirety and awarded to an alternate winner. ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER, WHO WILL RECEIVE A 1099 TAX FORM REFLECTING ACTUAL VALUE OF ANY PRIZE(S) VALUED AT $600 OR MORE.
Odds of Winning
The odds of winning a Prize depend on the total number of eligible entries received during the Promotional Period.
8. Release. Except where prohibited, participation in the Sweepstakes constitutes Winner’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Sweepstakes, each entrant agrees to release, indemnify and hold harmless Sponsor, its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, attorneys’ fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, receipt or use or misuse of any prize. The Released Parties are not liable to any Winner, an entrant or any person claiming through such Winner or entrant for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by Released Parties, the entrant, or by human error: lost, late, incomplete, or misdirected entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes.
9. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor anticipates that this Sweepstakes will continue as outlined above during the Promotional Period but reserves the right to cancel, suspend, and or modify the Sweepstakes or any part of it at any time.
10. Limitations of Liability. By participating, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants and Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) RELEASED PARTIES’ LIABILITY IN ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY ATTORNEYS’ FEES; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
12. Disclosure of Winners. For a list of Winners, send a self-addressed, stamped envelope for receipt by October 15, 2024, to: Cafe Rio, National Queso Day Giveaway Winners, 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106.
CAFE RIO NATIONAL QUESO DAY GIVEAWAY OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FOLLOWING STATES: ARIZONA, CALIFORNIA, COLORADO, IDAHO, MARYLAND, MONTANA, NEVADA, UTAH, VIRGINIA, WASHINGTON, AND WYOMING. VOID WHERE PROHIBITED. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Cafe Rio National Queso Day Giveaway (the “Sweepstakes”) is open only to legal residents of Arizona, California, Colorado, Idaho, Maryland, Montana, Nevada, Utah, Virginia, Washington, and Wyoming who are at least eighteen (18) years old and the age of majority in their state of residence at the time of entry. Employees of Sponsor, its parents, subsidiaries, related and affiliated entities, suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of all parties are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these official sweepstakes rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor. Cafe Rio, Inc., 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106 (the “Sponsor”).
3. Sweepstakes Period. The Sweepstakes begins at 6:00 a.m. Pacific Daylight Time (“PDT”) on September 20, 2024 and ends at 11:59 p.m. PDT on September 22, 2024 (the “Promotional Period”).
4. To Enter. There are multiple ways to enter your initial entry into the Sweepstakes and multiple ways to enter bonus entries into the Sweepstakes. Requirements for all entries must be complete during the Promotional Period. No purchase is necessary to enter an initial entry or bonus entries and not purchase is necessary to win.
Initial Entry.
You may enter your initial entry by completing each of the following during the Promotional Period:
i. Like the Cafe Rio Queso Day Giveaway Sweepstakes post on Instagram,
ii. Tag a friend in the comments section of the Cafe Rio Queso Day Giveaway Sweepstakes post on Instagram, and
iii. Follow Cafe Rio’s Instagram page (@CafeRio).
Each of the foregoing actions must be complete before 11:59 p.m. PDT on September 22, 2024 in order to receive your initial entry.
Alternatively, you may enter your initial entry by mailing a postcard with your name, address, telephone number, email address, and the phrase “Initial Entry” to Sponsor at Cafe Rio, National Queso Day Giveaway, 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106. Mail entries must be postmarked on September 22, 2024 and received by September 30, 2024.
Initial entries are limited to one entry per person.
Bonus Entries.
There are four ways to earn additional entries after your initial entry is obtained:
i. You will receive one (1) additional entry if you post the Cafe Rio Queso Day Giveaway Sweepstakes post to your story on your Instagram account and tag @CafeRio.
ii. You will receive one (1) additional entry for each additional friend you tag in the comments section of the Cafe Rio Queso Day Giveaway Sweepstakes post. Each tag must be in a separate comment in order to receive the additional entry.
iii. You will receive five (5) additional entries if you purchase a Cafe Rio entrée at any location and post a picture or video of your entrée to your story on your Instagram account and tag @CafeRio.
iv. You will also receive five (5) additional entries for each additional postcard you send with your name, address, telephone number, email address, and the phrase “Bonus Entry” to Sponsor at Cafe Rio, National Queso Day Giveaway, 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106. Each postcard for bonus entries must be mailed in a separate hand-addressed, postmarked envelope. All mail entries must be postmarked on September 22, 2024 and received by September 30, 2024.
Limit one hundred (100) entries per participant, regardless of method of entry or combination of methods of entry. Incomplete entries are void. Entries made by anyone other than an individual, and/or originating at any commercial web site or e-mail address, including, without limitation, commercial contest/sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. All entries properly submitted by the end of the Promotional Period will be eligible to win. All Winners must have the Cafe Rio App and be a member of the Cafe Rio loyalty program, instructions on how to set up a Cafe Rio loyalty account are available at https://www.caferio.com/rewards. When registering for a Cafe Rio loyalty account, you may be asked to consent to receive promotional emails and reminder emails from Cafe Rio, however, consenting to receive promotional or reminder emails is optional and does not have to be agreed upon in order to be eligible for the Sweepstakes and does not improve your chances of winning. Personal information collected in connection with this Sweepstakes will be used only in connection with and for the purposes of administering this Sweepstakes. As a condition of entering the Sweepstakes, 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 Sweepstakes and complying with all applicable laws, regulations and rules. All entries must be received by Sponsor by the deadlines, or they will be void. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements.
5. Winner Selection. On or about October 1, 2024, Sponsor in its absolute and sole discretion will select ten (10) winners. Winners will be selected by random drawing from among all eligible entries properly received.
6. Winner Notification. The winners (each, a “Winner” and together, the “Winners”) will be notified on or about October 1, 2024, by direct message on their Instagram account that was used in fulfilling the entry requirements outlined in Section 4.a. above, and/or via the email address or telephone number provided in your Cafe Rio loyalty account or on the mailed postcard, at the Sponsor’s discretion. Each Winner must be 18 years or older and the age of majority in their state at the time of entry and must be in compliance with all terms and conditions in these Official Rules. Winners may be required to execute an Affidavit of Eligibility, Liability/Publicity Release (where legal), and/or an Assignment of Rights within seven (7) days of notification or prize will be forfeited. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the email account identified on such entry. “Authorized account holder” is defined as the natural person who is assigned to (i) the Cafe Rio loyalty account; or (ii) if the Cafe Rio loyalty account is not readily identifiable prior to verification, the natural person assigned to the email account provided by the entrant by the email service provider.
7. Prizes, Travel Terms, Approximate Retail Values (“ARV”) and Odds of Winning.
Each Winner will receive free chips and queso for one year beginning on October 1, 2024 and ending on September 20, 2025, limited to one order of chips and queso (“Order”) per week (totaling 52 orders of chips and queso) (“Prize”) (for clarity, Winners cannot place more than one Order per week). There will be ten (10) Prizes awarded, to ten (10) different Winners.
The Prize will be delivered to the Winners through the My Rio Rewards app. Each Winner must download the My Rio Rewards app and become a loyalty member in order to redeem the Prize at Cafe Rio locations. The Prize is redeemable through any Cafe Rio channel including in store, online, through the My Rio Rewards app, or through a kiosk.
Prizes are non-transferable, assignable, are not for resale and have no cash value. No prize substitution or cash redemption is allowed by Winner. The Prizes may not be sold, bartered or exchanged by Winner. By accepting a Prize, Winner acknowledges compliance with these Official Rules.
Total ARV
Approximate Retail Value (“ARV”) of one Prize is $350. Total ARV of all Prizes awarded in this Sweepstakes is $3,500. Any costs and incidentals not specified herein are Winner’s sole responsibility. If a Winner cannot accept a Prize as stated, such Prize may be forfeited in its entirety and awarded to an alternate winner. ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER, WHO WILL RECEIVE A 1099 TAX FORM REFLECTING ACTUAL VALUE OF ANY PRIZE(S) VALUED AT $600 OR MORE.
Odds of Winning
The odds of winning a Prize depend on the total number of eligible entries received during the Promotional Period.
8. Release. Except where prohibited, participation in the Sweepstakes constitutes Winner’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Sweepstakes, each entrant agrees to release, indemnify and hold harmless Sponsor, its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, attorneys’ fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, receipt or use or misuse of any prize. The Released Parties are not liable to any Winner, an entrant or any person claiming through such Winner or entrant for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by Released Parties, the entrant, or by human error: lost, late, incomplete, or misdirected entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes.
9. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor anticipates that this Sweepstakes will continue as outlined above during the Promotional Period but reserves the right to cancel, suspend, and or modify the Sweepstakes or any part of it at any time.
10. Limitations of Liability. By participating, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants and Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) RELEASED PARTIES’ LIABILITY IN ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY ATTORNEYS’ FEES; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
12. Disclosure of Winners. For a list of Winners, send a self-addressed, stamped envelope for receipt by October 15, 2024, to: Cafe Rio, National Queso Day Giveaway Winners, 1245 East Brickyard Road, Suite 600, Salt Lake City, Utah 84106.