Updated: November 18, 2020
Smashburger Servicing LLC and its affiliates, including but not limited to Smashburger IP Holder LLC and Smashburger Franchising LLC (collectively, “Smashburger,” “us,” “we,” or “our”) are pleased to provide the information on the Smashburger.com website (the “Website”), on the Smashburger mobile application (“Mobile App”), email newsletters and subscriptions and any other websites services or programs and other digital properties where these Terms & Conditions are posted or linked (collectively, the “Online Services”).
By installing, accessing or using the Online Services, you are entering into a binding agreement with us (the “Agreement”). Your use of the Online Services constitutes your acknowledgement that you have the legal authority to bind yourself, and constitutes your acceptance of this Agreement. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your use of the Online Services. 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. 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.
By registering and/or participating in the Online Services, you agree and represent as follows:
- You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
- If you are between the ages of 13 and 18, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. The Online Services are not targeted towards, nor intended for use by, anyone under the age of 13.
- All information you submit to us or in connection with the Online Services is accurate and complete and you will maintain and promptly update any profile supplied to us to ensure accuracy at all times.
- You agree to be contacted via Email, SMS and text messaging by us, including push notifications, and by third parties if relevant, regarding our Online Services in any respect. You understand an consent that you will receive text messages at the number you have supplied from an automated system. Your consent to these terms is not required to make a purchase. You may withdraw or change your consent at any time.
- You may be able to purchase products through the Online Services. To do so, you may need to give us certain information relevant to your purchase, including, without limitation, your credit or debit card number, your billing address or zip code, the expiration date of your credit or debit card, the name on the credit or debit card as your location information.
Restrictions on Use of Materials
You may print copies of the information on the Website for your own personal use and 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.
User Information, Accounts, Passwords, and Security
Certain areas of the Online Services may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Online Services or any features at all.
If the Online Services require you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. You may also be prompted to grant us access to your location. While sharing location information with us is not required to download and use the Online Services, some features of the Online Services may not be available. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Online Services. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Smashburger Promotional Terms & Conditions
United States Only
Unless otherwise specified, the Online Services are presented solely 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. You may not use these Online Services or export any portion of them in violation of U.S. export laws and regulations. If you access the Online Services from locations other than the United States, you are responsible for compliance with all applicable local laws.
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. YOU MUST HAVE GEOLOCATION SERVICES ENABLED ON YOUR DEVICE TO USE MOBILE PAYMENT SERVICES IN THE APPLICATION.
Terms and Conditions for Gift Card
Your Smashburger gift card may only be used for making purchases at participating Smashburger restaurants in the U.S., and currently gift cards are not available for online purchases. Card has no value until purchased and activated. The value of a 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 https://smashburger.com/giftcards or call 1-303-633-1500.
Online and Mobile Ordering
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. We do not store your credit card information, but we do store a secure token generated by the third party payment provider for customer service purposes. 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.
Additional Terms and Conditions for Rewards
These terms and conditions apply to your access to, and participation in, the Rewards program that is offered by Smashburger 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 the SmashRewards website:
Joining through the Smashburger website for an online order:
Visit Order.Smashburger.com and enter your information during checkout.
Joining at a Smashburger Restaurant:
Visit a participating Smashburger® restaurant.
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 reserves the right to terminate any account and/or participation in the SmashRewards Program, other Smashburger program, or the Online Services if it is determined the account has violated the following Terms and Conditions: A SmashRewards member has more than one account, or the use of the account is deemed unauthorized, deceptive, fraudulent, or otherwise unlawful. This includes but is not limited to excessive scanning of receipts and attempted scanning of redeemed receipts. Smashburger may suspend, cancel, or combine accounts appearing to be duplicative and may refuse to allow any re-enrollment in the SmashRewards, any other program, or the Online Services.
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 Rewards 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 or phone number when making purchases at participating Smashburger® restaurants. You will receive 10 points for each dollar you spend on eligible purchases (as calculated pre-sales tax). Points may expire after six (6) months. Keep your SmashRewards account active to avoid your points expiring: simply order using your SmashRewards account in person, online or through the Smashburger App to earn or redeem points for Rewards within the six (6) months. Any Reward that is added to your account must be redeemed by the expiration date stated on the Reward. The Rewards may be redeemed at any participating Smashburger® restaurant.
In addition, from time to time, Smashburger, or others acting with Smashburger’s permission, may engage you to receive or earn “Surprise and Delight”, “Exclusive Offers”, “Birthday Rewards” or to redeem “Surprise and Delight”, “Exclusive Offers” or “Birthday Rewards” in connection with the Rewards program. “Surprise and Delight”, “Exclusive Offers” and/or “Birthday Offers” will be awarded/ redeemed as described in the applicable offer and will be subject to any additional terms set forth in such offer.
There are no membership fees associated with Rewards. Points and Rewards accumulated under the program are promotional and have no cash value.
Rewards Points may not be earned on orders placed outside of smashburger.com, our mobile app, or in-store. Rewards Points may not be earned on Smashburger catering.
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 and subject to the then current Rewards terms and conditions. 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.
Online Services are not available on all carriers. The Online Services are available on the carriers listed below, as of date of the last update of this Agreement set forth above. The Online Services 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.
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 Online Services, Smashclub Rewards or any other program.
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 OR TITLE, 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 Smashclub Rewards or any other Program. SMASHBURGER DOES NOT GUARANTEE THAT THE ONLINE 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, 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 Smashclub Rewards or any ONLINE SERVICES OR ANY TEXT MESSAGE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK.
BY USING THE ONLINE SERVICES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE ONLINE SERVICES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
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; Arbitration
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.
SMASHBURGER AND YOU AGREE THAT ANY DISPUTE OR CLAIM OR LEGAL ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THE CONDUCT OF THE ONLINE SERVICES OR THESE TERMS AND CONDITIONS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Smashburger Disputes, 3900 E. Mexico Ave., Suite 1200, Denver, Colorado 80210, USA ATTN: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Smashburger may, at any time, revise or modify this Agreement or impose new conditions for use of the Online Services. 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 Online Services by you after such notice shall constitute your acceptance of such changes, revisions, or modifications.
If you have any questions regarding the Online Services including the Website, Mobile App, Rewards and/or these Terms and Conditions, please contact us at email@example.com.
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