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Terms of Use

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Last Modified: September 9, 2022

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and Qdoba Restaurant Corporation (“Qdoba”, “Company”, “we” or “us). The following terms and conditions, together with any documents they incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.qdoba.com, including any content, functionality and services offered on or through www.qdoba.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you use the Website. By using the Website (and by clicking to accept or agree to the Terms of Use for particular services when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Qdoba.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older (unless otherwise specified for particular services or offers) and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all use of the Website thereafter. (However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted.) Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time and when agreeing to any particular service or offer, so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide here, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. All information you provide to register with this Website, including but not limited to through the use of any interactive features, is governed by our Privacy Policy.

If you choose, or are provided with, a user name or password, you must treat such information as confidential and not share it with anyone. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features. Be advised that if providing remarks, suggestions, ideas, graphics, data or similar information to Qdoba through the Qdoba.com site or through email (together, the "Submission"), Qdoba will not treat such Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Qdoba operations. Qdoba will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.

You must not access or use for any commercial purposes any part of the Website or services or materials available through the Website.

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

SUBMISSIONS

If participating in any social media features or otherwise submitting content to Qdoba, through the Qdoba.com site or through email, you acknowledge that you are responsible for whatever material you submit, and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You should not submit personal information or likeness of another person; information that is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate; content that contains trade secrets or commercial or financial information obtained from a person and considered privileged or confidential; or information that would constitute an unwarranted invasion of another’s personal privacy.

TRADEMARKS

The Company name, the terms “QDOBA”, “QDOBA MEXICAN EATS”, “QDOBA MEXICAN GRILL”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation.

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, or another user or any other person or entity.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

QDOBA ONLINE PURCHASES TERMS OF SALE

All purchases through this Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our “Qdoba Online Order and Catering Terms of Sale”, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send e-mails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

CONSENT TO RECEIVE TEXT MESSAGES

By texting “JOIN” to 73622 in the United States or Puerto Rico, or by texting “JOIN” to 78376 in Canada, you agree and authorize Qdoba (and entities or individuals working on Qdoba’s behalf) to deliver or cause to be delivered advertisements or telemarketing messages (via text message or phone call) to you using an automatic telephone dialing system or an artificial or prerecorded voice at the phone number you used to text Qdoba. You are not required to provide such authorization as a condition of purchasing any property, goods, or services from Qdoba. You further understand and agree that by texting “JOIN” to 73622 in the United States or Puerto Rico, or by texting “JOIN” to 78376 in Canada, you are electronically signing the above authorization, which will have the same force and effect as a manual signature, and consent to provide such authorization by electronic means. For the avoidance of doubt, your participation in the Qdoba Rewards Program is subject to the Terms of Use, including, without limitation, the disclaimer of warranties, limitation of liability, indemnification, governing law and jurisdiction, arbitration, limitation on time to file claims, and waiver and severability provisions. Message and data rates may apply.  Message frequency varies. You can opt out of receiving text message at any time by texting “STOP” to 73622 in the United States or Puerto Rico, or by texting “STOP” to 78376 in Canada.  To contact Qdoba’s customer care department, email PrivacyRequest@qdoba.com, call 800-267-2148, or write us at QDOBA RESTAURANT CORPORATION Attention: Privacy Request 350 Camino de La Reina San Diego, Suite 400, San Diego, California, 92108.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE ("DAMAGES"). THE FOREGOING LIMITATION ON LIABILITY IS NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS; PROVIDED, HOWEVER, THAT COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, franchisees, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. You agree that all disputes between you and Qdoba (whether or not such dispute involves a third party) arising from these Terms of Use or the Website; including, but not limited to, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved by final, binding, individual arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. You and Qdoba hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claim’s court rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor Qdoba will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. The arbitration is to be treated as confidential and to be held in San Diego. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST QDOBA INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO RESIDENTS OF NEW JERSEY.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy, Terms of Sale, and, if applicable the Qdoba Rewards Terms, Qdoba Online Ordering and Catering Terms of Sale and Q-Cash Terms, constitute the sole and entire agreement between you and Qdoba with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS AND CONCERNS

This website is operated by Qdoba Restaurant Corporation (“Qdoba”), with its principal place of business at 350 Camino de la Reina, Suite 400, San Diego, California, 92108.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Guest.Relations@qdoba.com

QDOBA REWARDS TERMS & CONDITIONS

THE QDOBA REWARDS PROGRAM HAS CHANGED. EFFECTIVE 2/1/2022, THE PRIOR REWARDS PROGRAM (“PRIOR REWARDS PROGRAM”) WILL BE DISCONTINUED AND REPLACED WITH THE BELOW-DESCRIBED NEW QDOBA REWARDS PROGRAM (“NEW REWARDS PROGRAM,” “QDOBA REWARDS PROGRAM” OR “PROGRAM”). THESE TERMS APPLY TO YOUR USE OF THE NEW REWARDS PROGRAM.

BY REGISTERING FOR OR USING A QDOBA REWARDS ACCOUNT OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS, AS WELL AS ALL TERMS APPLICABLE TO YOUR USE OF QDOBA’S WEBSITE AND MOBILE APP. EXISTING MEMBERS WILL AUTOMATICALLY BE REMOVED FROM THE PRIOR REWARDS PROGRAM AND INSTEAD BE ENROLLED AS MEMBERS IN THIS NEW REWARDS PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM.

The Qdoba Rewards Program is valid only at participating Qdoba Mexican Eats® or Qdoba Mexican Grill® locations. Participating locations do not include some licensed Qdoba locations within shopping malls, government buildings (including military bases), universities and airports. Qdoba Rewards is offered and available to users who are 13 years of age or older (unless otherwise specified for services or offers) and reside in the United States and any of its territories or possessions, or Canada. Registering requires creating an account on the Qdoba Mobile App or at qdoba.myguestaccount.com/guest/. Upon registering, you receive points) through qualifying purchases made at participating Qdoba restaurant locations, which points can be used to redeem menu items at participating locations. The following terms apply:

No purchase is necessary to enroll in the Qdoba Rewards Program. The program is intended for personal use only. Commercial use is prohibited.

Members’ points and rewards earned under the Prior Rewards Program will be automatically transferred to the New Rewards Program at equal or greater value, at a conversion rate of 24 to 1. Otherwise, points and rewards are non-transferable or devisable and may not be combined with other members’ accounts.

Points are only credited to your account when, in connection with your order, you scan your Mobile App QR Code or barcode in the restaurant, or by logging into your Rewards account prior to placing a digital order on Qdoba.com or the QDOBA Mobile App, or at the time a catering order is placed or, where allowed, by entering a Claim ID received in restaurant to a registered account on qdoba.com within 30 days (about 4 and a half weeks) of a visit. To claim points for the order, follow these short steps: Step 1: Log into your account on qdoba.myguestaccount.com. Step 2: Enter your Claim ID in the "Claim Missing Points" section. Step 3: Click the "Claim Points" button.

Members will earn 1 point for every dollar they spend on qualifying orders at participating Qdoba locations. Points will be automatically converted into rewards and redeemed for a free entrée once a member reaches 125 points (Canadian Rewards members: points will be automatically redeemed for a free entrée once a member reaches 160 points). Free entrée Rewards expire 60 days (about 2 months) from the date of issuance. Points are awarded for qualifying transactions and any completed Qdoba Visit Challenges (if offered), and other circumstances, at Qdoba’s sole discretion.

There are two Status Levels: (1) Foodie and (2) Chef. Your Status Level is based on qualifying in restaurant or digital transactions (visits) using the Mobile App, Digital Card or Physical Rewards Card accrued by the member at a participating restaurant within the current or preceding calendar year. To reach the Chef Status, you must complete 12 transactions (visits) within one calendar year.

When points are used to redeem free entrées claimed online or in-store, some additional charges may apply, such as for add-ons or extras (which will be explained at time of redemption/purchase).

If you fail to participate in a qualifying transaction (visits) for 12 consecutive months, all unused points expire after that year.

Points and rewards cannot be redeemed for cash and have no cash value. Points can only be redeemed for qualifying items determined by Qdoba, and may not be redeemed for items including, but not limited to discounted items, promotional items, alcohol, tax, tip, Q-Cash gift cards and items whose value is offset in whole or in part by a coupon.

Users are not eligible to earn points for alcohol or gift card (Q-Cash) purchases. Taxes, tips, donations, and fees will be excluded from a purchase total when computing qualifying purchases.

Points are not earned, and rewards may not be redeemed, on orders placed through a third-party delivery service.

Except as otherwise set forth herein, points and rewards may not be sold or transferred, and may not be combined with other rewards or transferred to any other Qdoba Rewards account. You will be asked to opt into location tracking services (to determine the closest restaurant, receive geo-targeted promotions or other marketing messages, and for internal data analysis and other purposes), but will be able to modify the Mobile App settings to opt out of tracking. When using the Mobile App, you will be asked to opt in to receive “push” notifications to receive account information, promotions, and other marketing messages, but will be able to modify push notification settings within your device’s operating system. When using the Qdoba.com website, you will also be asked to provide an email address to receive account- or transaction-related emails and to opt in if you wish to also receive exclusive offers, information about new products, and restaurant and local event information. See our Privacy Policy, which is incorporated herein by reference and governs your participation in the Qdoba Rewards Program, for more information about what information Qdoba collects and how Qdoba uses it and how to update or change your personal information and/or how Qdoba communicates with you.

To receive a birthday, offer from Qdoba, you must be a member of the Qdoba Rewards Program, and set your account birthday, prior to the 1st day of your birthday month. Once your birthday is set, this cannot be changed.

You may be offered the opportunity to participate in individual Qdoba Rewards Challenges and other offers that may have additional specific terms and conditions.

If you order items that qualify for both redeemable points and additional bonus offers the offer will be redeemed and deducted from the check first unless the rewards value is higher. If more than one reward is available in the Rewards Wallet, the reward with the closest expiration date will be automatically applied first.

You may be offered incentives to provide feedback through push notifications or embedded in the app (also known as the Mobile App inbox) as well as through email. Any incentives awarded will be added directly to your Rewards account or sent via coupon offers within the Mobile App or via email.

Qdoba is not responsible for the use of a member’s rewards account by an unauthorized individual. In the event the member’s rewards account is stolen or compromised, and the rewards account or points or rewards are used, the member must promptly inform Qdoba, and Qdoba will investigate the report and determine in its sole discretion what remedy, if any, may be available.

“You may opt out of Qdoba Rewards marketing messages at any time by unsubscribing through the link at the bottom of messages or contact QDOBA Guest Relations at contactus.qdoba.com/. Upon cancellation, any unused points and/or Rewards accrued in your account will be forfeited and cannot be redeemed.

Qdoba reserves the right to cancel any member’s account at any time (i) if such member violates these Terms, engages in fraudulent conduct, or otherwise abuses the Program, as determined in Qdoba’s sole discretion, or (ii) if the rewards account has been inactive for a period of two years or more. “Inactive” means failing to make an eligible points-earning purchase, either in the Mobile App, on the Website, or in a restaurant, or failing to claim or redeem a Reward for 24 months (about 2 years) or more.

If an account becomes terminated, all previously earned points and/or unused Rewards automatically terminate and become invalid. Subsequent re-enrollment by the same member will be at a zero-point balance. Qdoba reserves the right to refuse re-enrollment to any terminated member based on previous fraudulent, abusive, or otherwise inappropriate behavior, as determined by Qdoba in its sole discretion.]

Use of Qdoba Rewards Program with Catering Orders: Qdoba Rewards members can also earn Qdoba Catering Order Rewards Points (“Catering Points”) on Qdoba catering orders. These Catering Points are tallied and counted separately from general reward points. Catering points may only be redeemed for catering discounts, free entrees, and Qdoba gift cards, and only at certain locations, and may not be used toward online orders at this time.

In addition, the following terms apply to catering orders:

You must have at least one catering transaction within the 12-month period following your registration or first catering transaction and each anniversary thereof (“annual catering transaction”) to continue to earn or redeem points based on dollars spent on catering orders or to redeem those catering transaction points. If you fail to have an annual catering transaction, all catering points will be removed from your account.

You need to accrue a minimum of 1,000 Catering Points within that 12-month period to redeem points for catering rewards discounts or Qdoba gift cards; a minimum of 100 points is needed to redeem for free entrée reward. As with general reward points, Catering Points cannot be redeemed for cash and have no cash value.

Catering discounts cannot be stacked, only one may be used per catering order.

The Qdoba Rewards program may be changed or discontinued at any time at the sole discretion of Qdoba, with or without notice to you. On all program matters or disputes, the decision of Qdoba is final.

QDOBA ONLINE ORDERING AND CATERING TERMS OF SALE

THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY ITEMS THROUGH THE QDOBA WEBSITE AND MOBILE APP. BY PLACING AN ORDER THROUGH THE SITE OR APP, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS OF SALE AND THE QDOBA TERMS OF USE.

YOUR ACCOUNT

When you make a purchase from the Website or Mobile App, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.

ACCEPTANCE OF ORDER

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. We require a completed order to be received and authorization of your form of payment to fulfill your order.

PRICING AND AVAILABILITY

All prices (and any costs for delivery, shipment or tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue items without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

PAYMENT TERMS

Qdoba.com currently accepts various forms of payment which may include Visa, MasterCard, American Express or Discover credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, delivery, and similar charges) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

ERRORS

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Website and Mobile App is accurate, complete, current, or error-free.

Q-CASH

Q-Cash cards are issued by QMG Stored Value Cards, LLC, a subsidiary of Qdoba Restaurant Corporation. Q-Cash is redeemable for food or beverage from participating Qdoba Mexican Eats® or Qdoba Mexican Grill® locations in the United States and Canada and subject to these terms and conditions.

  • Q-Cash may be used toward the purchase of catering orders if paying in store (not online or over telephone).

  • Purchases will be deducted until value reaches zero.

  • Card is valid only if purchased from a participating Qdoba restaurant location, from our third party partner online through the link from www.qdoba.com, or from an authorized reseller or distributor.

  • If lost, stolen, or damaged, physical or digital card will not be replaced without valid proof of purchase and only to extent of the remaining card balance.

  • Q-Cash is valid only at participating locations and is not accepted in some non-traditional locations including but not limited to airports, college campuses and malls.

  • Q-Cash cards purchased in the U.S. can only be redeemed at participating U.S. locations and Q-Cash cards purchased in Canada can only be redeemed at participating Canada locations.

  • Q-Cash may not be used to purchase other gift cards and is not redeemable for cash or credit except in California when cash value of card is below $10 or wherever else required by applicable law. Other restrictions may apply.

  • Card balance information is available on your Qdoba receipt, or at www.qdoba.com\qcash.

  • QMG Stored Value Cards, LLC reserves the right to change these requirements.

QDOBA FRANCHISE INQUIRIES

If you use submit information through our Franchise Inquiry feature, you agree to these Website Terms of Use and Privacy Policy.

ACCEPTANCE OF THE TERMS OF USE

If you enter any sweepstakes, contest or other promotion sponsored by Qdoba (“Promotion”), you are subject to these Website Terms of Use and Privacy Policy and additionally agree to be bound by the Official Rules of such Promotion/s, and to Qdoba’s decisions regarding the outcome of the Promotion/s, which are final and binding in all respects.