Terms and Conditions
RUBIO’S REWARDS AND APP TERMS AND CONDITIONS
Rubio’s Restaurants, Inc. and/or its subsidiaries (“Company”, “we”, or “us”) offers its rewards program known as “Rubio’s Rewards” and the Rubio’s App (the “App”) subject to these Terms and Conditions (“Terms and Conditions”). These Terms and Conditions are a legal and binding agreement between you and Company governing your participation in Rubio’s Rewards and use of the App, which includes their content, information, services, and features.
Rubio’s Rewards and the App are offered and available to individuals who are 13 years of age or older. If you are not at least 13 years of age, you must not access or use Rubio’s Rewards or the App. If you are at least 13 years of age but less than 18 years old, your parent or guardian must review and accept these Terms and Conditions. Corporations, partnerships, limited liability companies, or other legal entities may not enroll in Rubio’s Rewards.
Please read these Terms and Conditions. If you do not agree to them, then do not enroll or participate in Rubio’s Rewards or use the App.
Content & Use
Rubio’s Rewards, the App and all content, information, and other materials featured, displayed, contained, and available in or through them (collectively, the “Content“) are owned by or licensed to Company and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, limited right to download the App and access, use and display the App and Rubio’s Rewards for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the App, Rubio’s Rewards or any Content.
You agree to use Rubio’s Rewards, the App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Company may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to Rubio’s Rewards, the App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
We may modify these Terms and Conditions from time to time. When we do, we will typically notify you by email or otherwise as reasonably determined by us or required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here and available from links to these Terms and Conditions included on our website or in the App. Your continued use of Rubio’s Rewards or the App after any modification confirms your acceptance to the modifications.
Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to Rubio’s Rewards, the App or any portion thereof; (2) change, revise, or modify Rubio’s Rewards, the App or any portion thereof; (3) interrupt the operation of Rubio’s Rewards, the App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to Rubio’s Rewards or the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of Rubio’s Rewards and the App.
Overview of Rubio’s Rewards
Rubio’s Rewards is a rewards program that provides members with personalized rewards, such as free or discounted menu items, Rubio’s merchandise, menu updates, exclusive invitations to local events, and other special offers. Members receive rewards based on their purchases at Rubio’s by checking in at the register in stores or by ordering via the App or online. Members may also receive rewards by inviting their friends or family to join.
Benefits available through Rubio’s Rewards are promotional and have no cash value. There is no cost or membership fees to join Rubio’s Rewards. Rubio’s Rewards is available at participating Rubio’s restaurants in the United States.
You may enroll in Rubio’s Rewards and create a Rubio’s Rewards account (“Account”) in one of the following ways:
- Download the App to your iPhone® or Android™ device from Apple App store or Google Play. Follow the prompts to create an account and register. You are responsible for ensuring that your devices are compatible with Apple or Google Play, and we (not Apple or Google) are responsible for the App and Rubio’s Rewards. The App also allows you to sign up for and sign into Rubio’s Rewards using your Facebook account.
- You may also visit our website at Rubios.com/rewards and sign up online.
In order to create an Account and participate in Rubio’s Rewards, you must provide us with your name, email address, and date of birth, create a password and select your favorite Rubio’s location. Your Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one Account. Rewards available in your Account may not be transferred to another participant’s Account.
You are responsible for maintaining the confidentiality of the information you hold for your Account, including your password. You agree to notify us immediately of any unauthorized use of your Account, or any other breach of security related to your Account. You may not use anyone else’s Account or login information. We shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Communicating with Rubio’s Rewards Participants
We will send participants in Rubio’s Rewards transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enroll in Rubio’s Rewards. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Account and update your contact information or preferences. If you do not want us to send you push notifications, please open your iPhone or Android settings and turn off push notifications for the App or send us an email stating your request at email@example.com. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of the email to be removed from the distribution of future marketing emails. This opt out does not apply to communications necessary as a result of a product order, service experience, password reset or other similar communication with us.
There are three ways for Rubio’s Rewards participants to earn rewards:
- Scan App QR code at register: participants scan the QR code in the App at the register before they complete their order.
- Scan receipt after ordering: participants can also scan or manually enter the barcode found on their receipt, either through the App or online at rubios.com/rewards, within 48 hours of purchase.
- Order online: participants automatically earn rewards when they order in the App or online via their Account at Rubios.com.
Purchases made through third party delivery companies and purchases of gift cards do not qualify for Rubio’s Rewards. However, purchases of Rubio’s food and beverages made by redeeming a gift card will qualify when you order using your Account or scan your receipt. Catering purchases also count toward earning Rubio’s Rewards. Redemption of Rubio’s Rewards may not be combined with any other Rubio’s offers or discounts. You may only redeem one reward per visit.
Additional Rubio’s Rewards Terms
We reserve the right to terminate your Account and/or your participation in Rubio’s Rewards if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Account, or that the use of your Account is unauthorized, deceptive, fraudulent or otherwise unlawful. We may, in our sole discretion, suspend, cancel, or combine Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in Rubio’s Rewards. We reserve the right to terminate an Account if it has been inactive for twelve (12) months or longer.
In addition, we have the right at any time, with or without giving you prior notice, to:
- End or cancel Rubio’s Rewards and/or any specific reward;
- Change any reward or other Rubio’s Rewards benefit we offer;
- Change the requirements for receiving rewards;
- Change the time you have in which to use a particular reward; and/or
- Change any other feature of Rubio’s Rewards.
If we end Rubio’s Rewards, rewards you have earned but not used will expire on the date Rubio’s Rewards ends. You may not redeem any rewards after the end date.
Login and Registration
Certain features or services offered on or through this App may require you to complete a registration process and/or set up an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Company immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Company or any other App user due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.
These Terms and Conditions apply to enrollment and participation in Rubio’s Rewards and use of the App. Use of our website and/or online ordering capabilities are subject to other terms and conditions, as applicable and set forth in our website and/or online ordering capabilities.
Third Party Materials
Rubio’s Rewards and the App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
RUBIO’S REWARDS, THE APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT GUARANTEE THAT RUBIO’S REWARDS, THE APP OR THE CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT RUBIO’S REWARDS, THE APP OR THE CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE OR LOSS OF DATA, OR (B) DIRECT DAMAGES THAT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE TRANSACTION INVOLVING RUBIO’S REWARDS OR THE APP. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE DAMAGES ARISE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE OUT OF OR IN CONNECTION WITH RUBIO’S REWARDS, THE APP (INCLUDING THEIR MODIFICATION OR TERMINATION), THE CONTENT OR THESE TERMS AND CONDITIONS, WHETHER OR NOT COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU AND, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
When you use Rubio’s Rewards or the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will typically communicate with you by e-mail or by posting notices in the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
Enrollment in Rubio’s Rewards will permit but not require you to include a mobile phone number as part of your registration or Account set up. If you include your mobile phone number at your option, you consent to receive text messages or other automated messages from us sent to your mobile phone number. These messages may include confirmation of Account set up or enrollment in Rubio’s Rewards, verification of registration information, confirmation of order information and marketing messages about rewards, products or offers available from us.
The Rubio’s Reward program and the App are controlled, operated, and administered by Company from offices within the United States of America. The Company’s restaurants are located in the United States and Rubio’s Rewards and the App are intended for use in the United States. We make no representation regarding use of Rubio’s Rewards or the App outside of the United States. You may not use the App or export any portion of it in violation of U.S. export laws and regulations. If you access Rubio’s Rewards or use the App from locations outside of the United States of America, you are responsible for compliance with all local laws and you understand and consent to the transfer of your personal information to, and the collection, processing and storage of your personal information in, the United States. The laws in the United States regarding personal information may be different than the laws of your state or country.
Rubio’s Rewards and the App are governed by and subject to the laws of the State of California, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree that Company may apply for injunctive or other equitable relief with respect to the Company’s intellectual property or Content in any court of competent jurisdiction. Except for actions by the Company seeking equitable relief with respect to the Company’s intellectual property or Content, you agree that all disputes between you and Company related to Rubio’s Rewards, the App or these Terms and Conditions will be resolved by binding arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Company will participate in a class action or class-wide arbitration for any claims related to Rubio’s Rewards, the App or covered by these Terms and Conditions. Unless not permitted by law, you also agree not to participate in claims brought in a private attorney general or representative capacity. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions.
All or any of Company’s rights and obligations hereunder may be assigned to a subsequent owner or operator of Rubio’s Rewards and the App in a merger, acquisition or sale of all or substantially all of Company’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to that breach or subsequent or similar breaches.
If you have any questions regarding Rubio’s Rewards, the App and/or these Terms and Conditions or for more information about Rubio’s Rewards, please refer to our FAQs page: https://www.rubios.com/rubios-rewards-faqs.
Terms and Conditions last updated on September 5, 2019. Copyright © 2019 Rubio’s Restaurants, Inc. All rights reserved.
WEBSITE TERMS AND CONDITIONS
Your Use of the Site
Subject to your compliance with the terms and conditions which follow, the Company grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way or circumvent or attempt to circumvent any security feature of this Site. The Company authorizes you to view, download, copy and print the information ("Materials") at this Site only for your personal, informational, non-commercial use. This authorization is not a transfer of title or intellectual property rights in the Materials, and/or copies of the Materials and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright, trademark and other proprietary notices contained in the Materials.
- You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose.
- You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions of Use.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Privacy and Security
Trademarks and Ownership of Intellectual Property
Rubio’s®, Rubio’s Coastal Grill®, The Original Fish Taco®, Baja Grill Burrito®, The Coastal Trio®, To the Ocean®, Ocean Goodness® and Made with a Mission® are service marks of Rubio's Restaurants, Inc., and are registered in the U.S. and other countries. The absence of a product or service name or logo belonging to Rubio's Restaurants, Inc. anywhere in the text of this Site does not constitute a waiver of Rubio's trademark or other intellectual property rights concerning that name or logo used or referenced on this Site.
The trademarks, logos, service marks, and all other source identifying names and graphics displayed on the Site, and the Site and all of its contents including, but not limited to, all text, images and audio (collectively, the "Intellectual Property"), are owned and copyrighted by Rubio's Restaurants, Inc., or others with all rights reserved unless otherwise noted. Rubio's Restaurants, Inc., does not permit the use of its Intellectual Property in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Rubio's Restaurants, Inc., prior express written permission.
Limitations of Liability
Neither the Company, nor its affiliates, parents or subsidiaries, nor any of our or their officers, directors, employees, agents, third party content providers, sponsors, or licensors warrant that the Site will be continuous, uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site. It is understood that inaccuracies or errors of a typographic or programming type may occur. While Rubio's puts forth its best effort to maintain accuracy and timely material, you acknowledge that any reliance on any inaccurate information, opinion, advice, statement, or memorandum shall be at your sole discretion and risk.