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.

MODIFICATIONS

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 the opportunity to earn points redeemable for rewards, such as free or discounted menu items, and opportunities to receive Rubio’s merchandise, menu updates, exclusive invitations to local events, and other special offers. Members receive points redeemable for 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 points or 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.

ENROLLMENT

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 the Apple App Store or Google Play Store. 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.  Points and 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 protected]. 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.

EARNING POINTS

Points are awarded for making qualified purchases from Rubio’s. Rubio’s Rewards participants may earn points by:

  1. Ordering in the App or online via their Account at Rubios.com.
  2. Scanning the App QR code at the register before completing the order.
  3. Scanning the receipt (up to 2 receipts per day) 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.

Participants will generally earn 10 points for every $1 spent at Rubio’s. Some purchases and transactions do not earn points, including, but not limited to: purchases of gift cards; purchases made through third party delivery companies; tips; delivery fees; sales and other transaction taxes; and service fees. 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 points.

Rubio’s may offer guests the opportunity to earn points or other rewards through certain promotions, achieving milestones or completing challenges. Points or other rewards for these activities will be awarded as described in the promotion and are subject to their own terms.

Points for any qualifying purchase are only awarded to one Rubio’s Rewards Account. Points may take up to 48 hours to appear in your Account. If you are refunded for your order, any points credited to your Account for such order may be debited following the refund. This may cause a negative balance if you have used previously credited points.

USE AND EXPIRATION OF POINTS

Points will expire six (6) months from when they are earned. For example, if you earn 25 points on October 1, 2022, those points will expire on April 1, 2023. When you redeem points for rewards, your oldest points will be used first.

Points may be used and redeemed for items as listed in the Rewards section of the App or on the “My Rewards” tab of the Account screen at Rubios.com.

Points will not be redeemable for any other items unless specifically authorized by Rubio’s.  Points and rewards will not be added back to your Account if you do not use them before they expire.

Redemption of points and 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, including the number of points needed to redeem a reward;
  • Change the amount of points received based on purchases from the Company;
  • Change the time you have in which to use points or a reward; and/or
  • Change any other feature of Rubio’s Rewards.

If we end Rubio’s Rewards, points and rewards you have earned but not used will expire on the date Rubio’s Rewards ends.  You may not convert any points or 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.

OTHER TERMS

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 (see link to website terms and conditions below) 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.

NO WARRANTIES

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.

ELECTRONIC COMMUNICATIONS

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.

You acknowledge that when you enroll and/or participate in Rubio’s Rewards or download, install and/or use the App via a mobile device, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of Rubio’s Rewards and/or the App.  All information we collect through or in connection with Rubio’s Rewards and the App is subject to our Privacy Policy referenced below.

GEOGRAPHIC SCOPE

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.

GOVERNING LAW/ARBITRATION

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.

PRIVACY

Please review our Privacy Policy located at: https://www.rubios.com/privacy (the “Privacy Policy”), which is incorporated herein and also governs your use of Rubio’s Rewards and the App, to understand Rubio’s Restaurants, Inc. privacy practices.

GENERAL PROVISIONS

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.

QUESTIONS

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: https://www.rubios.com/rewards/

LAST UPDATED

Terms and Conditions last updated on August 19, 2022. Copyright © 2022 Rubio’s Restaurants, Inc.  All rights reserved.