Terms and Conditions
Smashburger Terms & Conditions
Updated: June 15, 2018
Smashburger Servicing LLC and its affiliates, including but not limited to Smashburger IP Holder LLC and Smashburger Franchising LLC (collectively, “Smashburger,” “we,” or “our”) is pleased to provide the information on the smashburger.com website (the “Website”), on the Smashburger mobile application (“Mobile App”) and any other online services or programs where these Terms & Conditions are posted or linked (collectively, the “Online Services”). By using the Online Services, you agree to abide by the conditions set forth below. These terms apply to all content posted and uploaded on or in connection with all of our Online Services, including all online or social media forums or applications that we administer.
Restrictions on Use of Materials
You may print copies of the information on the Website for your own personal use, store the files on your computer for personal use. Remember that Smashburger owns the copyrights on all text and graphics and is the owner of all trademarks used on or in connection with the Online Services. This means that you may not distribute text or graphics to others without the express written consent of Smashburger. In addition, you may not, without our permission, copy and distribute this information, or modify or reuse our text or graphics. Smashburger reserves all rights not expressly granted in these Terms & Conditions.
United States Only
Unless otherwise specified, the Online Services are presented solely for the purposes of promoting Smashburger and its programs available in the United States, its territories, possessions and protectorates. Smashburger makes no representation that materials in the Online Services are appropriate or available for use in other locations. If you access the Online Services from locations other than the United States, you are responsible for compliance with all applicable local laws. If you are looking for information or services from the Smashburger UK locations, please go to smashburger.co.uk (“UK Site”). The UK Site is run separately and is not a part of these Online Services.
All comments, suggestions, feedback, ideas, notes, drawings, concepts, recipes or other information disclosed or offered to Smashburger through the Online Services or in response to solicitations in the Online Services (collectively “Feedback”) shall be deemed and shall remain the property of Smashburger. By submitting any Feedback, you consent to its use by Smashburger, including, but not limited to, its publication or placement on the Online Services. You understand and acknowledge that Smashburger has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to the Feedback you may submit and Smashburger will only accept Feedback on these terms.
In addition, any Feedback you submit to Smashburger is not confidential and Smashburger assumes no obligation of confidentiality with regard to your Feedback. Without limitation, Smashburger shall exclusively own all rights in and to the Feedback and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback.
In order to use Online Services made available through the Mobile App, you must have a compatible mobile device; Smashburger does not warrant that the Mobile App will be compatible with your mobile device.
If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and its subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms & Conditions against you. However, these third-party beneficiaries are not a party to these Terms & Conditions and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge and agree that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
The Mobile App and all content, information, and other materials featured, displayed, contained, and available on or through the Mobile App is owned by or licensed to Smashburger and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property laws. Subject to your compliance with these Terms, Smashburger grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Mobile App for noncommercial purposes only. You may not otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Mobile App or the content available through the Mobile App.
The materials in all Online Services are provided “AS IS,” and without warranties of any kind either express or implied. To the fullest extent permitted by law, Smashburger DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMASHBURGER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THESE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMASHBURGER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE ONLINE SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED THEREIN, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
Limitations of Liability
IN NO EVENT SHALL SMASHBURGER 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 THE ONLINE SERVICES (INCLUDING MODIFICATION OR TERMINATION OF THE ONLINE SERVICES), THE CONTENT, REWARDS, OR THESE TERMS & CONDITIONS, WHETHER OR NOT SMASHBURGER 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.
Gift Card Terms and Conditions
Your Smashburger gift card may only be used for making purchases at participating Smashburger restaurants in the U.S. or online on our website. Card has no value until purchased and activated. The value of this card will not be replaced if the card is damaged, lost, or stolen. Purchases are deducted from gift card balance. Any unused balance will remain associated with gift card for future use. If purchase exceeds gift card balance, the remaining amount must be paid with another payment method. Gift cards cannot be used to purchase other gift cards. Gift cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Gift Cards cannot be used for previously purchased goods or services. Gift cards are not credit or debit cards. Smashburger reserves the right to void a gift card if we suspect that it was obtained in a fraudulent, unauthorized or unlawful manner, or used or applied to purchases that are fraudulent, unauthorized, unlawful or otherwise in violation of these Terms & Conditions. Smashburger gift cards do not expire. No fees apply to gift cards. When you purchase, receive or apply a Gift Card to a purchase, you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern any dispute that may arise between you and Smashburger related to your use of a gift card. For card or balance information visit www.smashburger.com/giftcards or call 1-303-633-1500.
Smashburger reserves the right to change these Terms & Conditions and those terms that govern its gift cards, from time to time in our discretion. These Terms & Conditions are applicable to the extent permitted by law. If any of these Terms & Conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Smashburger may make available to you the ability to order through the Online Services from our participating locations. These Terms apply only to orders placed through the Online Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Online Services. You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. We use third party providers and may accept various third-party services to process payments. The location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with ordering through the Online Services. Every participating location may not have all menu items identified through the Online Services. The Online Services may allow you to customize your order. You may be able to, and in some circumstances, you may be required to, use your Rewards, as defined below, account (or sign up for Rewards) in connection with certain ordering through the Online Services, in which case the Rewards terms will also apply.
Third Party Content, Products and Services (including Advertising and Promotions)
Smashburger may provide third party content on the Online Services (including embedded content) and links to web pages and content of third parties, including Smashburger branded, co-branded and/or our franchisee(s)’ content and/or web pages (collectively, “Third Party Content”). We may also make our Online Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third-party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any Online Service does not imply Smashburger’s endorsement, affiliation or adoption of the Third Party Content or service, and Smashburger makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third-party services. You acknowledge and agree that Smashburger is not responsible or liable in any manner for Third Party Content or services.
If you have any questions regarding the Website, Mobile App, Rewards and/or these Terms and Conditions, please contact us at email@example.com.
Rewards Terms and Conditions
Updated: June 14, 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM.
- These Terms and Conditions apply to your access to, and participation in, the Rewards program that is offered by Smashburger Marketing Fund Trust (“Smashburger”) in participating Smashburger® restaurants in the United States (“Rewards”). These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Smashburger or its affiliates for products, services or otherwise. Smashburger reserves the right to change, modify and/or eliminate Rewards and/or these Terms and Conditions or any policy, FAQ, or guideline pertaining to Rewards at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.smashburger.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in Rewards confirms your acceptance of these Terms and Conditions and any such changes or modifications; therefore, you should review these Terms and Conditions and applicable policies frequently to make sure you are aware of the most current terms and conditions that apply to Rewards. If you do not agree to the Terms and Conditions, you must stop participating in Rewards.
- Eligibility: In order to join Rewards, you must be an individual and at least 18 years of age. Corporations, partnerships, limited liability companies, trusts, or other legal entities are not permitted to enroll. Each Rewards member may have only one account linked to a unique email address or phone number. Employees of Smashburger, and its parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in Rewards.
- Rewards is one way in which Smashburger endeavors to reward and thank loyal customers for patronizing participating Smashburger® restaurants. Members of Rewards are able to accumulate points that can be redeemed for program benefits, also known as “Rewards,” at participating Smashburger® restaurants in the U.S. Unfortunately, not all restaurants have the ability to honor Rewards at this time. While points will not be rewarded for the purchase of Smashburger® gift cards, points will be rewarded for purchases paid for with Smashburger® gift cards.
- To enroll in Rewards and start accumulating points, please enroll as provided below.
- Joining Through the Mobile Application (“Mobile App”):
- Download the Mobile App from either Google Play or the Apple Store by searching for “Smashburger” on your smart phone; and
- Create an account by submitting your name, phone number, email address, date of birth and password.
- Joining through Facebook within the Mobile App:
- Download the Mobile App from either Google Play or the Apple Store by searching for “Smashburger” on your smart phone;
- Click the “Sign up with Facebook” option — if you are not logged into Facebook through your smartphone, the App will prompt you to do so at that time;
- By joining and using the program through Facebook, you hereby release Facebook from any and all liability in connection with Rewards. You also acknowledge that the Mobile App and Rewards are not sponsored, endorsed, or administered by, or associated with, Facebook. You are providing information to Smashburger by joining the program, not to Facebook.
- Joining Through the Smashburger Website:
- visit smashburger.com and provide your email address in the “Join the SmashClub” box; OR
- visit http://smashburger.com/smashclub/ and create an account by submitting your name, email address, and date of birth.
- Joining at a Smashburger Restaurant:
- visit a participating Smashburger® restaurant.
- You will be invited to provide your phone number or email address at the point of sale and your phone number or email address will become your account number for purposes of tracking the points you accumulate.
- If you provide your phone number, you are not required to opt in to receive text messages to join the Rewards program.
- When you enroll, regardless of method, you agree to (1) provide accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Smashburger immediately of any unauthorized use of your account information, or any other breach of security.
- If any information you provide Smashburger is not accurate or complete, we may block you from enrolling in the Rewards program, or we may cancel your account in the Rewards program. Each person may only have one Rewards account. If Smashburger finds that you have created multiple Rewards accounts, we may cancel any or all of your accounts. Further, Smashburger may refuse to allow you to re-enroll in the Rewards program.
- Smashburger will use your contact information to keep in touch with you in the ways you select when you enroll. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages (e.g. start having messages sent to your mobile phone number), please log onto the App or the Smashburger website and update your contact information or preferences.
- The benefits that are available to you through Rewards are based on the number of points that you earn. You can accumulate points by providing your account number when making purchases at participating Smashburger® restaurants. You will receive one point for each dollar you spend (as calculated pre-sales tax).
- If you do not add points to your account for more than one year after the last date on which you added points to your account, your point balance will automatically reset to zero (although your account may still remain active).
- If you accumulate at least 100 points, a Reward in the amount of $10 will be automatically added to your account (and the corresponding 100 points will be automatically deducted from your account). The Reward may be redeemed at any participating Smashburger® restaurant. Any Reward that is added to your account must be redeemed by the expiration date stated on the Reward.
- There are no membership fees associated with Rewards. Points and Rewards accumulated under the program are promotional and have no cash value.
- Your points and Rewards, and your account under Rewards, are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others.
- Smashburger reserves the right to terminate your account and/or your participation in Rewards if Smashburger determines in its sole discretion that you have violated these Terms and Conditions, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful.
- Smashburger also reserves the right to terminate and make ineligible for the Rewards program any account that has been inactive for two consecutive years. Inactive is defined as no points earned.
- Smashburger reserves the right to terminate, discontinue, modify or cancel the Rewards program at any time and in its sole discretion without notice to you.
- Smashburger assumes no liability for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider / Internet / web site / use net accessibility or availability, traffic congestion, or unauthorized human intervention.
- Smashburger will make a good faith effort to ensure any active accounts and accumulated points under previous rewards or loyalty programs will be transferred into the current Rewards program at a generally equivalent value. If you have any questions regarding a previous account with Smashburger, please contact firstname.lastname@example.org.
- By accepting Rewards, you agree to release and hold harmless Smashburger and its affiliates and their respective licensees, affiliates, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the Rewards. This program is void where prohibited by law.
- Joining Through the Mobile Application (“Mobile App”):
Smashburger Text Message ServicesTerms & Conditions
Updated: June 14, 2018
By signing up for the SmashClub™ text message service (the “Service”), you (i) acknowledge and represent to the Smashburger Marketing Fund Trust and its affiliates (collectively, “Smashburger”) that you are at least 18 years old and owner or authorized user of the mobile phone(s) that you link to the Service; (ii) agree to receive text messages from Smashburger, which may be sent via automated means, to the mobile phone number(s) you provide; (iii) understand that you are not required to provide consent to receive text messages via the Service as a condition of purchasing any goods or services; and (iv) expressly agree to be bound by these Terms & Conditions, including without limitation, any terms incorporated herein by reference (“Agreement”). If you do not consent to the terms of this Agreement, you must immediately cease using the Service and contact us as provided below.
Smashburger may, at any time, revise or modify this Agreement or impose new conditions for use of the Service. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on our website or by email. Any use of the Service by you after such notice shall constitute your acceptance of such changes, revisions, or modifications.
Content is not available on all carriers. The Service is available on the carriers listed below, as of date of the last update of this Agreement set forth above. The Service may not be compatible with all cell phone models.
- Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile*, U.S. Cellular, Boost Mobile, and Virgin Mobile.
- Additional carriers: Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Coral Wireless (Mobi PCS), Cricket, Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), Simmetry (TMP Corporation), SI Wireless/Mobile Nation, SouthernLine, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
*T-Mobile is not liable for delayed or undelivered messages.
What is the SmashClub™ Service and how many text messages will I receive?
SmashClub™ is a Smashburger® marketing program. Text messages will only be sent to the mobile phone number used to opt into the program. We will not send more than 5 messages per month to your mobile phone number in connection with the SmashClub™ Service.
How do I sign up for the SmashClub™ Service?
Sign up for the Rewards Service by downloading the Smashburger mobile application, by visiting smashburger.com/smashclub, or by visiting smashburger.com.
Is it free?
Message and data rates may apply. Although Smashburger does not charge you for sending or receiving text messages, you may be charged by your carrier depending upon your text message plan.
How do I opt out of receiving SmashClub™ text messages?
To stop receiving SmashClub™ text messages from Smashburger, text STOP. Once your telephone number is removed from our system, you will receive a final confirmation message and no further messages will be sent to your mobile phone unless you opt back into the SmashClub™ Service.
What if I want more information?
To request more information about SmashClub™, simply text HELP. Texting HELP will return a message with additional information about the SmashClub™ Service. In addition, you may obtain additional information by sending an email to email@example.com or by calling 303-633-1500.
You agree to indemnify, defend, and hold Smashburger and its officers, directors, employees, agents, licensors, and service providers (collectively, the “Smashburger Parties”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Service.
Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SMASHBURGER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMASHBURGER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, SMASHBURGER WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability
IN NO EVENT WILL THE SMASHBURGER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR ANY TEXT MESSAGE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SMASHBURGER PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Governing Law; Jurisdiction and Venue
This Agreement and any dispute or claim arising out of or related to this Agreement, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any questions about the Service or this Agreement, email us at firstname.lastname@example.org, or write to us at:
Smashburger Marketing Fund Trust
3900 East Mexico Avenue, Suite 1200
Denver, CO 80210