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LOCO REWARDS™
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE EL POLLO LOCO REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE EL POLLO LOCO REWARDS PROGRAM.
Important: You understand and acknowledge that these terms contain an arbitration agreement (section 11), jury and class action waivers (section 12), limitations on El Pollo Loco’s liability (section 10) and other provisions that affect your legal rights regarding the online services. Please carefully read and understand these Terms and Conditions.
1. General Terms
El Pollo Loco, Inc. (“El Pollo Loco”) is proud to offer our Loco Rewards™ program (“Loco Rewards”). Loco Rewards gives you the opportunity to earn discounts, free food, enjoy exclusive perks, and be the first to know about exciting new things at El Pollo Loco. By enrolling in Loco Rewards, you agree to these terms and conditions ( “Terms” or “Terms and Conditions”) as well as El Pollo Loco’s Terms of Use and Privacy Policy. These Terms are meant to supplement and not change our Terms of Use. In the event of a conflict between these Terms and our Terms of Use that relates to Loco Rewards, these Terms will control. In the event of any other conflict between these Terms and our Terms of Use, the Terms of Use will control. You agree that we may modify, add or delete portions of these Terms at any time, and that you are responsible for periodically checking for changes and/or updates to these Terms. Any revisions to these Terms will become effective upon posting, and your continued use or participation in Loco Rewards after any change constitutes your agreement to follow and be bound by the Terms as modified. If any change is unacceptable to you, please discontinue your use or participation in Loco Rewards.
Loco Rewards is intended for personal use only. Commercial use is prohibited. You must be a legal resident of the United States to participate in Loco Rewards. Loco Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use or participate in Loco Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. Enrolling in Loco Rewards
To enroll in Loco Rewards, download the El Pollo Loco mobile app (the “App”) to your Android™ or iPhone® device or enroll online at https://www.elpolloloco.com/rewards/. Follow the prompts to create an account. After you create your account, you can immediately begin using the App or online ordering to earn points on qualifying purchases. Each mobile device can only have one Loco Rewards account and only one Loco Rewards account is permitted per person. If you have multiple Loco Rewards accounts, all of your accounts may be deactivated and you may be banned from further participation in Loco Rewards.
You are responsible for all transactions associated with your account. Accounts with no new transactional activity within any 365-day period will be automatically deactivated and all points associated with such accounts will be permanently forfeited.
3. Earning Points
Beginning on March 30, 2023, you will be placed in one of three Status Level Tiers (each a “Tier”) (see below), and will earn points based on your Tier for each $1.00 spent on qualifying purchases such as food and beverage at participating El Pollo Loco restaurants.
You will earn points each calendar year to qualify you for Tier status the following year. Tier status is earned for the following calendar year, plus the remainder of the current calendar year. Spending points will not impact your ability to earn a Tier status.
You are not eligible to earn points on orders placed with third-party delivery or catering programs, websites or mobile applications.
Points may be earned on a maximum of two (2) transactions per day. Points are not earned for tax and gratuity. Points are not property and you have no vested right or interest in points. Additionally, points are not awarded for purchase of gift cards, merchandise or delivery fees, tips and charges. Points accumulated under Loco Rewards are promotional and have no cash value. Points are not assignable or transferable, and cannot be combined across accounts, regardless of who registered the account. Accounts with no new transactional activity within any 365-day period will be automatically deactivated and all points associated with such accounts will be forfeited.
Any points existing in your account as of March 29, 2023 will automatically convert to the new points and rewards structure (based on your Status Tier). Any $5 Rewards in your account will automatically convert to points of comparable value under the new points and rewards structure, as described in these Terms.
Under the new Loco Rewards program, you will be eligible to earn points towards Rewards in the form of free or discounted food and beverages, access to exclusive content, experiences and offers. Rewards may change from time to time in El Pollo Loco’s sole discretion. Depending on where you place your order (for example, drive-through, in-store, through the app or online orders), you can earn points on qualifying purchases.
For El Pollo Loco locations:
If you place an online or mobile order:
4. Verifying Your Points
You can check your points balance in your App or online through your Loco Rewards account. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct. If you believe points from your qualifying purchase was incorrectly calculated, you must notify El Pollo Loco using this form. El Pollo Loco must receive your request within three (3) months of the qualifying purchase, and you must also provide us with your receipt, along with the date, time and location of your qualifying purchase. El Pollo Loco has the sole discretion to determine points in your account and we have no liability for any delay or failure to correctly credit points to your account.
All (1) purchases to earn points and (2) Loco Rewards participants are subject to verification at any time for any reason. We reserve the right, in our sole and absolute discretion, to require proof of purchase, identity and/or eligibility (including, but not limited to, your original receipt of purchase). Failure to provide such proof to the complete satisfaction of El Pollo Loco within the timeline specified by us, may result in disqualification in our sole and absolute discretion. We may, in our sole discretion, determine the validity of any purchase, and/or the eligibility of any Loco Rewards member.
5. Redeeming Points for Rewards
Accumulating points in your Loco Rewards account, will make you eligible to redeem your points for rewards (each an “Reward”). Redeeming multiple Rewards in a single transaction is not allowed. Rewards expire within 90 minutes of redeeming points for Rewards. If you do not use your Reward within 90 minutes, the Reward will convert back into points. If you select “Redeem In-Store” you will be unable to choose another Reward for 90 minutes. After 90 minutes, if the Reward has not been redeemed in the store, the Reward will revert back to points.
To view available Rewards, navigate to the Rewards tab of your mobile app and viewing the different rewards at each point level on the screen.
By participating in Loco Rewards, you may receive different, unique offers from time to time. El Pollo Loco can change available Rewards, in its sole discretion. Available Rewards can be found by navigating to the Rewards tab on the bottom menu in your mobile app and viewing the offers listed on the screen.
6. Point Expiration
Points expire 365 days from the date such points were earned. Points will be maintained in your account until you exchange your points for a Reward or until they expire, whichever occurs first. If El Pollo Loco terminates Loco Rewards, any unused points in your account will expire and be void when Loco Rewards is terminated. Upon termination of your account for any reason (including, but not limited to, whether you choose to close your account or we terminate your account for a violation of these Terms), all points that you have accumulated in Loco Rewards will immediately expire.
7. Surprise and Delight Rewards
From time to time, you may receive rewards separate from the Rewards you have earned with your points (“Offers”). These Offers are not earned based on your purchases, but granted at the sole and absolute discretion of El Pollo Loco. Additionally, you may also receive benefits such as birthday rewards, early notification of new menu releases, special event invitations and contests or sweepstakes.
8. Restrictions on Rewards
Points redeemed for Rewards and/or Offers (each a “Reward”) may not be combined with any other Reward, coupon or discount. Rewards may not be used for tax, cash back or gift card purchases. Only one is Reward is redeemable per transaction. Rewards expire after 90 minutes (but will be converted back to points if you do not redeem the Reward within that time). Sometimes, earning and redeeming a Reward may be subject to additional terms and conditions disclosed at the time of the offer.
El Pollo Loco reserves the right to substitute any Reward with one of comparable or greater value for any reason and to change the point value of any associated Reward at any time.
All Rewards offered via Loco Rewards are subject to availability. Some participating restaurants do not sell all products offered as Rewards. Images of products and packaging of Rewards are examples only and may not be identical to the product or packaging you receive from a participating restaurant.
9. No Warranties
THE APP AND LOCO REWARDS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND EL POLLO LOCO HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EL POLLO LOCO DOES NOT GUARANTEE THAT THE APP OR LOCO REWARDS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Limitations of Liability and Damages
IN NO EVENT SHALL EL POLLO LOCO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), LOCO REWARDS, OR THESE TERMS, WHETHER OR NOT EL POLLO LOCO 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, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
11. ARBITRATION AGREEMENT
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms and Conditions.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Loco Rewards or your relationship with us. Any dispute or claim arising out of or relating to these Terms and Conditions, your access to or participation in Loco Rewards, or your relationship with El Pollo Loco or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to Legal@elpolloloco.com 3535 Harbor Blvd., Suite 100, Costa Mesa, California 92626, attention Legal Department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms and Conditions. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms and Conditions as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, El Pollo Loco will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor El Pollo Loco shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
12. Class Action Waiver and Jury Waiver
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
13. Governing Law
Any dispute arising from these Terms and Conditions or your access to or participation in Loco Rewards will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Orange County, California.
14. Suspension, Modification and Termination
Loco Rewards can change from time to time, so be sure to continue to refer to these terms for the latest details and news. We are also constantly improving the program and we may have exciting new offers.
El Pollo Loco may at any time, for any reason, and without notice or liability: (a) suspend or terminate operation of or access to the App or Loco Rewards, or any portion thereof; (b) change, revise, or modify the App or Loco Rewards, or any portion thereof; (c) interrupt the operation of the App or Loco Rewards, or any portion thereof for maintenance and support; and/or (d) impose limits on certain features of the App or Loco Rewards. Further, if El Pollo Loco® determines in its 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. El Pollo Loco® may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Loco Rewards™ is terminated, then all accumulated points in your account are void.
All rewards offered via Loco Rewards are subject to availability and may be changed from time to time in El Pollo Loco’s sole discretion. Some participating restaurants do not sell all products offered as rewards. Images of products and packaging of rewards are examples only and may not be identical to the product or packaging you receive from a participating restaurant.
15. Questions
If you have any questions regarding the App, Loco Rewards and/or these Terms, please contact us at: http://www.elpolloloco.com/contact-us/.
Effective as of March 30, 2023
