SEÑOR SISIG REWARDS CLUB — TERMS AND CONDITIONS

(Last updated: December 13, 2023)

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A SEÑOR SISIG REWARDS CLUB ACCOUNT OR OTHERWISE PARTICIPATING IN A SEÑOR SISIG REWARDS CLUB, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY SEÑOR SISIG REWARDS CLUB.

GENERAL AND PRIVACY

These terms and conditions (the “Señor Sisig Rewards Terms” or “Terms”) apply to any access to and/or participation in the Señor Sisig Rewards Clubs (“Señor Sisig Rewards Club") which is provided by Toast, Inc. on behalf of Señor Sisig. These Señor Sisig Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Señor Sisig for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Señor Sisig outside of the Señor Sisig Rewards Club. Information collected in connection with the Señor Sisig Rewards Club is governed by the Señor Sisig Privacy Policy. Please read the Señor Sisig Privacy Policy carefully to understand how Señor Sisig collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Señor Sisig communicates with you.

ELIGIBILITY

Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Rewards are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may participate in the Señor Sisig Rewards Club only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Señor Sisig Rewards Terms.

HOW REWARDS WORK

Participants in the Señor Sisig Rewards Club may earn 5% cash back on every $1 spent that entitles the participant to Señor Sisig Rewards Club benefits, or “Rewards," at participating Señor Sisig restaurants and trucks. Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at participating Señor Sisig restaurants and trucks. Purchases begin accumulating cash back when first time participants provide account information such as their phone number with the cashier at the time of a qualifying purchase.

HOW TO ENROLL

To enroll in the Señor Sisig Rewards Club and begin accumulating points: (i) participants who have not created an account through the website (link to new enrollment page coming soon), must first create an account and agree to participate in the Señor Sisig Rewards Club, which may at the participant’s option include opting-in to receive marketing communications from Señor Sisig via e-mail. Participants are not required to opt-in to receive marketing communications in order to participate in the Señor Sisig Rewards Club or as a condition of purchasing any goods or services. Participants who elect to opt-in acknowledge that Señor Sisig or its agents may send you commercial messages using automated technology. Participants who elect to opt-in consent and agree to that type of communication. Participants can opt out at any time by sending an email to privacy@senorsisig.com. Note: opting out of marketing messaging may lead to missed notifications of rewards earned and other offers.

Registration may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday. Señor Sisig collects, uses, and discloses this information in accordance with its Privacy Policy.

If you choose to deactivate your account, you will no longer be able to accumulate points or receive or redeem Rewards under your Señor Sisig Rewards Club account. Previously credited points and Rewards may also expire as described below.

You may have only one Señor Sisig Rewards Club account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Señor Sisig in its sole discretion.

CASH BACK

You may earn 5% cash back on every $1 spent for any qualifying purchase made on and after your date of enrollment in the Señor Sisig Rewards Club. To receive credit for a qualifying purchase and accumulate cash back, you must provide the phone number you registered with (i) at the point-of-sale at participating Señor Sisig trucks or restaurants at the time of payment for a qualifying purchase, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase at www.senorsisig.com. Points will not be awarded for purchases at www.senorsisig.com if you order or check out as a guest and otherwise without logging into your Señor Sisig Rewards Club account. Señor Sisig reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in the Señor Sisig Rewards Club; or (ii) purchases made more than thirty (30) days prior to a request made to Señor Sisig for such credit. Qualifying purchases shall not include catering orders. Qualifying purchases may be determined or changed by Señor Sisig at its sole discretion.

In order to earn cash back, qualifying purchases must be paid in cash, with a valid debit or credit card; purchases using other currency or promotional offers (such as Señor Sisig gift cards or redemption of a Reward) will accrue cash back only for the amounts, if any, paid with cash or a valid debit or credit card. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in these Señor Sisig Rewards Terms) in order to earn rewards.

Some exclusions apply at Señor Sisig’s sole discretion. The following purchases shall be excluded from a purchase total when computing qualifying purchases: alcoholic beverages or Señor Sisig gift cards (including activations or reloads), taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits.

If you void or cancel a qualifying purchase credited toward accumulation of points, Señor Sisig reserves the right to deduct the points associated with that purchase from your account.

REWARDS REDEMPTION

Señor Sisig Rewards Club participants accumulate 5% cash back on every $1 spent. Señor Sisig Rewards Club participants may redeem Rewards at any participating Señor Sisig restaurants or trucks on eligible menu items at a maximum of $25 per transaction per day.

Once your rewards have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the item(s) that your rewards were redeemed toward.

Except as otherwise provided in these Señor Sisig Rewards Terms or in the terms applicable to a specific Reward, Rewards expire if not used within 60 days after they have been added to a participant’s account.

Rewards may be subject to additional terms, conditions, restrictions or limitations, at Señor Sisig’s sole discretion.

BIRTHDAY REWARD

Señor Sisig Rewards Club participants will receive a birthday reward the month of their birthday. This birthday reward will be added to the participant’s account the first day of the month of their birthday. Señor Sisig’s birthday reward is a $5 OFF any qualifying Señor Sisig menu items. The $5 OFF is redeemable in-store or online. Redemption of this birthday reward cannot be combined with other rewards or discounts. The birthday reward Free Ube Horchata expires within 15 days of it being added to the participants’ accounts. Birthday rewards will not be added back to the participants’ accounts if the reward is not redeemed within the redemption period. Birthday rewards are subject to change upon Señor Sisig’s sole discretion.

VIEWING REWARDS BALANCE

Señor Sisig Rewards Club participants can view and track qualifying purchases and available Rewards by logging into participant’s account at www.senorsisig.com. Señor Sisig reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time.

SPECIAL OFFERS

Señor Sisig may from time to time in its sole discretion make available to participants in the Señor Sisig Rewards Club the opportunity to earn additional points through special offers, challenges, bonuses or other promotions. The terms, conditions, and benefits applicable to any such special offers will be determined by Señor Sisig in its sole discretion. Because any terms and conditions associated with any special offers under the Señor Sisig Rewards Club may be different from or in addition to provisions of these Señor Sisig Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.

LIMITATIONS, RESTRICTIONS AND OTHER TERMS

Your identifier (phone number or rewards account number) associated with the Señor Sisig Rewards Club account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Señor Sisig Rewards Club account.

Señor Sisig’s determinations of participant eligibility or any questions or disputes arising under the Señor Sisig Rewards Club, these Señor Sisig Rewards Terms or any other Señor Sisig Rewards Club rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the section titled, “Arbitration; Class Action Waiver; Jury Waiver”, nothing in these Terms will limit Señor Sisig from exercising any legal or equitable rights or remedies that it may have under applicable law.

Without notice to you, Señor Sisig reserves the right to suspend and/or terminate any Señor Sisig Rewards Club account and/or your participation in the Señor Sisig Rewards Club if Señor Sisig determines in its sole discretion that you have violated these Señor Sisig Rewards Terms, you have more than one Señor Sisig Rewards Club account, or that the use of your Señor Sisig Rewards Club account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Señor Sisig Rewards Terms. Señor Sisig may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Señor Sisig Rewards Club is terminated, then all accumulated points and Rewards in your account are void.

There are no membership fees associated with the Señor Sisig Rewards Club, although use of online services in conjunction with participation in the Señor Sisig Rewards Club may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the Señor Sisig Rewards Club have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or canceled.

Señor Sisig is not responsible for any problems or technical malfunctions of any computer, online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in the Señor Sisig Rewards Club. If, for any reason, the Señor Sisig Rewards Club is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Señor Sisig which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Señor Sisig Rewards Club, Señor Sisig reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Señor Sisig Rewards Club or otherwise respond to the circumstances as Señor Sisig deems appropriate.

CHANGES TO Señor Sisig Rewards Club

Señor Sisig reserves the right to change, update and/or discontinue, in whole or in part, the Señor Sisig Rewards Club or any portion thereof, all or any portion of these Señor Sisig Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Rewards or the Señor Sisig Rewards Club, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Señor Sisig Rewards Terms, we will revise the “last updated” date located at the top of these Terms. If you continue to participate in the Señor Sisig Rewards Club in any way after a change to these Señor Sisig Rewards Terms (including, but not limited to, earning points, redeeming points, or logging into your account), you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Señor Sisig Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to the Señor Sisig Rewards Club. If you do not agree to the Señor Sisig Rewards Terms, you must stop participating in the Señor Sisig Rewards Club.

ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER

Please review this provision carefully. It provides that any dispute may be resolved by binding arbitration pursuant to the American Arbitration Association (“AAA”) rules in effect when a dispute is filed. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. By accepting these Señor Sisig Rewards Terms, you agree that either you or Señor Sisig, at Señor Sisig’s sole discretion, can choose to have any dispute arising out of or relating to Rewards, the Señor Sisig Rewards Club, or these Señor Sisig Rewards Terms, your account or your relationship with Señor Sisig resolved by confidential, binding arbitration. If arbitration is chosen by any party, neither you nor Señor Sisig will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the AAA rules in effect when a dispute is filed. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision will be final and binding. Other rights that you would have in court may also not be available in arbitration. It is important that you read this entire arbitration provision carefully before accepting these Señor Sisig Rewards Terms.

For purposes of this arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to your Señor Sisig Rewards Club account; Rewards; the Señor Sisig Rewards Club or the operation or use thereof; your actions or those of Señor Sisig or third parties; or the validity of these Señor Sisig Rewards Terms or this arbitration provision. It includes disputes brought as counterclaims, cross claims, or third-party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU ACCEPT THESE TERMS, YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THESE TERMS AND RELATED MATTERS. In this arbitration provision, the words “we,” “us,” and “our” shall include Señor Sisig and any assignees of Señor Sisig’s rights, as well as Señor Sisig’s and its assignees’ respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.

Any arbitration under this Arbitration provision shall be administered by the AAA under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor Señor Sisig may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. .

Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration.

This arbitration provision shall survive termination of your participation in the Señor Sisig Rewards Club.

Notwithstanding anything to the contrary herein, either Señor Sisig or you may bring disputes to small claims court if they qualify for hearing by such a court.

LIMITATIONS ON LIABILITY/INCONTESTABILITY

UNDER NO CIRCUMSTANCES SHALL SEÑOR SISIG, ITS SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR RESPECTIVE EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, ADVISORS, OR OTHER REPRESENTATIVES (“REPRESENTATIVES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE Señor Sisig Rewards Club, EVEN IF ANY OR ALL OF THE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASA PARTICIPANT IN THE Señor Sisig Rewards Club YOUR SOLE AND EXCLUSIVE REMEDY FOR THE DENIAL OF A REWARD IN BREACH OF THESE TERMS SHALL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE Señor Sisig Rewards Club, EACH Señor Sisig Rewards Club PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE Señor Sisig Rewards Club MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY. AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.

GOVERNING LAW

Any dispute arising from these Señor Sisig Rewards Terms or your access to or participation in the Señor Sisig Rewards Club shall 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 you and Señor Sisig, including arbitration proceedings and disputes brought in small claims court, shall be resolved in San Francisco County, California.

SEVERABILITY

If any provision or part of a provision of these Señor Sisig Rewards Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Señor Sisig Rewards Terms and does not affect the validity and enforceability of any remaining provisions.