Terms and Conditions

My Pollo Rewards Program

 

These terms and conditions (these “Terms”) govern the My Pollo Rewards Program (the “Program”). The My Pollo Rewards Program is a loyalty Program sponsored by Pollo Operations, Inc. (referred to herein as “us,” “we,” or “Pollo Tropical”) to eligible purchasers (each, referred to herein as a “Member”, “you,” or “your”) of food and beverages at participating Pollo Tropical restaurants. Membership in the Program (“Membership”) at any time subjects Members to the provisions of these Terms, as amended from time to time. Acceptance or use of the App (defined below) or this Program constitutes acceptance of these Terms. If you are asked to accept more than once, each acceptance will be a re-confirmation of your continued agreement to these Terms as updated from time to time.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD THE APP OR OTHERWISE ENROLL IN THE PROGRAM.

1. ELIGIBILITY

You may enroll in the Program if you are an individual who is at least 13 years of age at the time you enroll.

2. HOW TO ENROLL

In order to enroll in the Program, download the Pollo Tropical app (the “App”) on the Google Play or Apple Store or the Pollo Tropical website https://www.pollotropical.com/rewards and follow the steps provided in the App or website. Each eligible individual may have only one Program account (“Program Account”), even if you use the App and/or website sign-up page on multiple devices. Subject to these Terms, you may use your personal Facebook.com credentials to create a Program Account as directed in the App or on the website sign-up page.

All personal information provided under your Program Account must be truthful, accurate and complete. Should untruthful information be provided, Pollo Tropical reserves the right to block your enrollment in the Program cancel your Program Account and any accumulated Rewards thereunder. If you are a resident of the European Union, you may not enroll and may not provide us with any personal identifying information.

Each person may register for only one Program Account. If Pollo Tropical finds that you have created multiple Program Accounts, we may cancel all Program Accounts you have created. Further, we may block you from re-enrolling in the Program.

3. HOW TO EARN POINTS

Enrolled Members may earn and receive points toward Rewards by the Traditional Purchase Option or the App Purchase Option described below.

(A) Traditional Purchase Option.

1. Make a qualified purchase at any participating Pollo Tropical restaurant listed and identified in the App (each, a “Participating Location”), AND

2. Scan the bar code on the receipt from the purchase with the built in scanner in the App, OR

3. Scan the App appearing on your smartphone at the time of purchase with the scanner at the check-out counter (subject to availability at Participating Locations).

(B) App Purchase Option.

1. Use the App to make a qualified purchase at a Participating Location.

After this verification process, the points to which you are entitled will be applied to your Program Account. You can track the points and Rewards you have already earned and that you may earn in the future by logging into your Program Account through the App.

You will earn 1 point for every $1.00 spent. When you earn 75 points, you’ll receive a $5 credit (a “Points Reward”) redeemable at Participating Locations (as described below).

For each eligible purchase, the number of points awarded is determined by rounding the total dollar amount spent on a pre-tax basis to the nearest dollar. No partial points are awarded. The purchase of a Pollo Tropical gift card(s) is not eligible to earn points.

Participating Locations are subject to change.

4. APP SIGN UP REWARD 

By downloading the App and enrolling in the Program, you will receive a free menu item that we will determine in our sole discretion from time to time (the “Sign Up Reward”) for your next visit to a Participating Location. Each individual is limited to one and only one Sign Up Reward, which must be redeemed during the term of the Program. This Sign Up Reward is only available to those that enroll in the Program through the App, and is not available to those that enroll in the Program via the Pollo Tropical website.

5. BIRTHDAY REWARD

 As a Member of the Program, on your birthday you will receive a certificate for a free menu item that we will determine in our sole discretion from time to time (the “Birthday Reward”), redeemable at any Participating Location during the term of the Program. The Birthday Reward will be provided to you on an annual basis on or near your date of birth (based on the date of birth associated with your profile or otherwise provided to us through the App or in connection with this Program). If you fail to provide a date of birth to us, then you will not be eligible to receive the Birthday Reward.

6. REFERRAL

Members that download the App and enroll in the Program may refer friends and family to download the App and become fellow members of the Program by following the referral steps provided in the App. After making a referral, we will contact the person you refer to the Program and invite him or her to download the App and become a Member using a specific referral code. If the person you refer downloads the App to become a Member in accordance with these Terms and uses the provided promo code at the time of enrollment, you will receive a certificate for one free menu item that we will determine in our sole discretion from time to time (the “Referral Reward”), redeemable at any Participating Location during the term of the Program.”

7. REDEEMING REWARDS

The Points Reward, Sign Up Reward, Birthday Reward, and Referral Reward (collectively, the “Rewards”) received may be redeemed at a Participating Location during the term of the Program, subject to exceptions contained within these Terms. Rewards cannot be combined with any other offer or coupon.

Rewards (a) are nontransferable, (b) have no cash value, (c) may not be purchased or sold, and (d) are not redeemable for cash, gratuity or gift cards under any circumstance unless required by law. Valid only at Participating Locations. Void where prohibited.

Accumulated Rewards do not constitute property of the Member, nor are accumulated Rewards transferable by the Member upon death, as part of a domestic relations matter or otherwise. Rewards and other benefits of the Program may be taxable to the Member where required by law.

8. COMMUNICATION

Program communications will be conducted through various channels of communication, including but not limited to, the App, Pollo Tropical’s website, e-mail, and SMS. As a Member, you will receive notices about certain exclusive offers and deals from Pollo Tropical.

By enrolling in the Program, Members agree to receive advertising, marketing materials and other Program communications, unless expressly disallowed as a profile preference. If at any time you want to stop receiving messages from Pollo Tropical, you may opt-out through the App. Opting out of communications does not restrict your use of earned Rewards.

9. CHANGES TO THE PROGRAM OR REWARDS

Pollo Tropical may change these Terms from time to time as we deem appropriate, with or without providing you prior notice of the change.

We have the right at any time, with or without giving you prior notice, to:

· End the Program and/or any specific Reward;

· Change any Reward, or any other Program benefit offered hereunder;

· Change the requirements for earning a particular Reward;

· Change the time you have in which to earn a particular Reward; and

· Change any other feature of the Program.

If we change the terms and conditions of the Program, then the revised terms and conditions will be substituted for these Terms on the date the revised terms go into effect. You can see the current terms and conditions by (i) choosing to edit your profile on the website, and then clicking the link, or (ii) logging out on the App, and then choosing the link to these terms on the login page. If we decide to end the Program or a specific Reward, we will attempt to provide you prior notice either by e-mailing you at the e-mail address listed in your Program Account or otherwise providing notice through the App. However, our failure to notify you that we are ending the Program or that we are ending a specific Reward will not give you any right to require us to (a) continue the Program or the specific Reward after the date we end the Program or the specific Reward, or (b) compensate you for any Rewards or credits that you do not use before we end the Program or the specific Reward. If we decide to end the Program, Rewards you have earned but have not used will expire on the end date, and you may not redeem Rewards after such end date.

To the extent permitted by law, when you enroll in the Program, you waive your rights under any law that may require us to obtain judicial permission to change these Terms or to end the Program.

10. CANCELLATION OF MEMBERSHIP

Your Rewards Account may be cancelled if we determine that you are not eligible to be a Member of the Program or that you have violated these Terms or have used the Program or the App for any improper or illegal purpose. We may cancel some or all of your earned Rewards and credits if we determine that you received the Rewards or credits due to an error, through fraud or deception, or in any manner not consistent with these Terms.

We may terminate a Membership, including any associated accounts and related Rewards, without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Membership would violate any provisions of these Terms or applicable law. Rewards earned as a result of fraudulent behavior or acts that are contrary to these Terms will be forfeited. We may terminate or alter any or all of the benefits available under the Program at any time with or without notice.

11. PRIVACY POLICY

We will use the information you provide us when you enroll and when you update your information in the manner described in our Privacy Policy, available at https://www.pollotropical.com/privacy

 

12. RELEASE OF LIABILITY

Except where prohibited, by participating in the Program, you agree to release and hold harmless Pollo Operations, Inc. and its related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, and each of their respective officers, directors, employees, shareholders, members, and agents (collectively, the “Released Parties”) from and against all liabilities, claims, damages, and causes of action in connection with or arising out of your participation in the Program or receipt, use, non-use, or mis-use of the Rewards, including, but not limited to: (1) unauthorized intervention in the Program; (2) any technical error related to the App, computers, servers, providers, or telephone or network lines; (3) printing errors; or (4) any error in the administration of the Program. To the maximum extent permitted by applicable law, the liability of the Released Parties will be limited to the fair market value of the sign up reward.

13. BINDING ARBITRATION

Any dispute, controversy, or claim arising out of or relating to these Terms (including any breach hereof) or the Program shall be settled by final binding arbitration administered with an experienced arbitrator licensed to practice law in Texas. Venue for any proceedings will be in Collin County, Texas. Remedies shall be subject to all limitations and releases in these Terms, are limited as set forth in Section 10 above, and shall not, in any event, include any punitive, exemplary, consequential, or incidental damages, attorney’s fees, or other costs of bringing a claim, or any injunctive or other equitable relief. Each party bringing or defending a claim will be responsible for their own attorneys’ fees and costs.

14. GOVERNING LAW

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the Program, or the rights and obligations of any Member or us in connection with the same, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

15. ACKNOWLEDGEMENT

These Terms, including all documents referenced herein, represents the entire understanding between Pollo Operations, Inc. and Members with respect to the Program and supersedes any other agreements, statements or representations. Headings used in these Terms are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Program is deemed to have accepted the terms and conditions of these Terms.

Effective as of September 4, 2019.