Terms and Conditions

MY TC! Rewards Program

Last updated: October 6, 2020

These terms and conditions (these “Terms”) govern the MY TC! Rewards Program (the “Program”). The MY TC! Rewards Program is a loyalty Program sponsored by Texas Taco Cabana, L.P. (referred to herein as “us,” “we,” or “Taco Cabana”) to eligible purchasers (each, referred to herein as a “Member”, “you,” or “your”) of food and beverages at participating Taco Cabana 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 (defined below) 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, DO NOT DOWNLOAD THE APP OR OTHERWISE ENROLL IN THE PROGRAM.

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.

HOW TO ENROLL

In order to enroll in the Program, download the MY TC! app (the “App”) on the Google Play or Apple Store and follow the steps provided in the App. Each eligible individual may have only one Program account (“Program Account”), even if you use the App on multiple devices.

All personal information provided under your Program Account must be truthful, accurate and complete. Should untruthful information be provided, Taco Cabana 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 any country other than the United States, you may not enroll and may not provide us with any personal identifying information.

Each person may register for only one Program Account. If Taco Cabana 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.

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.

Traditional Purchase Option.

Make a qualified purchase at any participating Taco Cabana restaurant listed and identified in the App (each, a “Participating Location”):

(A) Cashier scans your app profile QR code appearing on your smartphone at the time of purchase with the scanner at the check-out counter (subject to availability at Participating Locations) or looks up the phone # tied to the loyalty account.

(B) After paying, scan the alphanumeric barcode on your receipt with the built in scanner in the App. Do not get confused with the QR code for the guest survey.

App Purchase Option.

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.

Earning Points

You will earn 1 point for every $1.00 spent on food and beverages, including alcoholic beverages. The purchase of a Taco Cabana gift card(s) is not eligible to earn points. When you earn 75 points, you’ll receive a $5 credit (a “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. You may not use points for the purchase of alcoholic beverages or Taco Cabana gift cards.

Participating Locations are company-owned Texas locations and are subject to change.

SIGN UP REWARDS

By enrolling in the program for the first time, specifically on the mobile app, you will receive a $5 Off Sign-up Reward and 50 free points. Each individual can only be gifted the sign-up rewards once.

BIRTHDAY REWARD

As a member of the program, on your birthday you will receive ‘2 Free Tacos (any)’ (the “Birthday Reward”). 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.

REFERRAL REWARD

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. If the person you refer downloads the App to become a Member in accordance with these Terms, and then uses your referral code at the time of enrollment, you will receive a ‘$3 Off Referral Reward’ (the “Referral Reward”) redeemable after they’ve made their first purchase at any participating Taco Cabana.

REDEEMING REWARDS

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. All Rewards earned under this Program, including the Sign-Up Reward, Birthday Reward, Referral Reward and Reward earned from points (collectively the “Rewards”) expire ninety (90) days after issuance unless otherwise specified.

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.

COMMUNICATION

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

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 Taco Cabana, you may opt-out through the App. Opting out of communications does not restrict your use of earned Rewards.

CHANGES TO THE PROGRAM OR REWARDS

Taco Cabana 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.

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.

PRIVACY POLICY

We will use the information you provide us when you enroll and when you update your information in the manner described in and subject to our Privacy Policy

RELEASE OF LIABILITY

Except where prohibited, by participating in the Program, you agree to release and hold harmless Texas Taco Cabana, L.P. 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.

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.

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.

ACKNOWLEDGEMENT

These Terms, including all documents referenced herein, represents the entire understanding between Texas Taco Cabana, L.P. 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.