Terms and Conditions
Last Updated: May 25, 2023
The Milo’s Rewards Program, also known as Milo’s Rewards, (the “Program”) is sponsored by Milo’s Restaurant Holdings, LLC (“Milo’s,” “Sponsor,” “we,” “us,” “our”) and is a free customer appreciation program to provide eligible customers who register for the Program (each a “Member,” “Program Member,” “you,” or “your”) with special rewards and benefits (“Rewards”).
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION (THE “MILO’S REWARDS TERMS” OR “THESE TERMS”) CAREFULLY BEFORE REGISTERING FOR THE PROGRAM, RECEIVING OR USING REWARDS, OR OTHERWISE PARTICIPATING IN THE PROGRAM OR ENTERING A PROMOTION FOR MEMBERS, AS THE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE A BINDING ARBITRATION AGREEMENT WITH A WAIVER OF JURY TRIAL AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. BY REGISTERING IN THE PROGRAM, CREATING AN ACCOUNT OR PARTICIPATING IN ANY PART OF THE REWARDS PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND ANY UPDATES TO THE TERMS AS ANNOUNCED, POSTED, OR IMPLEMENTED BY MILO’S. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR OR PARTICIPATE IN THE MILO’S REWARDS PROGRAM.
GENERAL APPLICATION OF TERMS
The Milo’s Rewards Terms apply to any access to and/or participation in the Milo’s rewards programs. Please read these Terms carefully before participating in Milo’s Rewards, and if you do not agree to these Terms, please do not participate in the Rewards Program. Your participation in the Milo’s Rewards Program indicates your acceptance of these Terms. These Milo’s Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Milo’s for other products and Services, or the terms or conditions of any other promotional offers or programs conducted by Milo’s outside the context of Milo’s Rewards.
Milo’s Rewards is open to legal residents of the 50 United States of America and Washington, D.C. who are 13 years of age or older. Milo’s Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Milo’s 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 only participate in Milo’s Rewards after obtaining the permission of, and only under the supervision of, your parent or legal guardian who agrees to be bound by these Milo’s Rewards Terms.
HOW MILO’S REWARDS WORKS
Participants in Milo’s Rewards may accumulate loyalty “points” that entitle the participant to Milo’s Rewards benefits, or “Rewards,” at participating Milo’s restaurants in the state of Alabama. Redemption of Rewards is subject to availability, and 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 Milo’s Restaurants. Purchases begin accumulating points upon the first presentation of a digital Milo’s Rewards account at the time of a qualifying purchase.
HOW TO ENROLL
To enroll in Milo’s Rewards and begin accumulating points: participants who have not created an account through the website located at www.miloshamburgers.com or the Milo’s mobile ordering app, must first create an account and agree to participate in Milo’s Rewards, which may, at the participant’s option, include opting-in to receive marketing communications from Milo’s via e-mail or SMS or other text message communication. Participants are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in Milo’s Rewards or as a condition of purchasing any goods or services. Participants who elect to opt-in acknowledge that Milo’s or its designee may send them commercial text messages using automated technology, and, upon opting-in, consent to receiving such text messages. Wireless service providers may charge participants for each text message, including any error message, sent and received in connection with Milo’s Rewards. Participants should consult their wireless service provider’s pricing plan for details. Participants may opt out at any time.
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.
You may have only one Milo’s Rewards account registered under your name, and additional accounts in your name or otherwise controlled by you may be deactivated by Milo’s in its sole discretion. You are responsible for the security of your Milo’s Rewards account, including keeping any access credentials (such as user IDs, passwords, and other access credentials) secure. You may not share your access credentials with any other person or entity and, in case of any security breach, you must promptly notify Milo’s and change your access credentials immediately. You are responsible for all activity on your account.
You may accumulate points for any qualifying purchase made on and after your date of enrollment in Milo’s Rewards. To receive credit for a qualifying purchase and accumulate points, you must present your digital Milo’s Rewards account (i) at the point-of-sale at a participating Milo’s restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase at miloshamburgers.com or via the Milo’s mobile ordering app. Points will not be awarded for purchases at miloshamburgers.com if you order or check out as a guest and not via your Milo’s Rewards account. Milo’s 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 Milo’s Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Milo’s for such credit. In no event will Milo’s retroactively award points to any Milo’s Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.
In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Milo’s gift card; purchases using other currency or promotional offers (such as redemption of a Reward) will accrue points only for the amounts, if any, paid in cash.
Some exclusions apply. For example, purchases of Milo’s gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees will also be excluded from a purchase total when computing qualifying purchases. Merchandise purchased from the Milo’s website are also excluded. Third Party delivery orders do not qualify for points.
If you void or cancel a qualifying purchase credited toward accumulation of points, Milo’s reserves the right to deduct the points associated with that purchase from your account.
Once a Milo’s Rewards participant accumulates the number of points needed for a Reward, the participant can redeem that reward in the Check Out section of their account or at participating Milo’s locations at the time of purchase, prior to payment, by scanning the QR code within the Loyalty section of the Milo’s app. Once points are redeemed, the corresponding Reward will be automatically added to the participant’s account if the Reward is a Milo’s menu item. When a Reward is used within a participant’s account or otherwise redeemed, the points associated with that Reward will be deducted from the account.
Rewards that consist of Milo’s menu items are valid at participating Milo’s restaurants in the state of Alabama, subject to availability. Once your points 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 Reward or other item(s) that your points were redeemed toward.
Except as otherwise provided in these Milo’s Rewards Terms or in the terms communicated in conjunction with a particular Reward, Rewards expire if not used within 365 days after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital QR code associated with a valid Milo’s Rewards account will be required to redeem any Reward.
Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Milo’s Rewards Terms from time to time.
TRACKING YOUR ACCOUNT
Milo’s Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account at miloshamburgers.com/order-online/ or via the Milo’s mobile ordering app. Milo’s 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.
Milo’s may from time to time in its sole discretion make available to participants in Milo’s Rewards 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 Milo’s in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Milo’s Rewards may be different from or in addition to provisions of these Milo’s Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.
After December 31, 2023 (the “Closing Date”), Milo’s Rewards members will no longer have the opportunity to redeem the Free Burger after First Purchase Reward. The Free Burger after First Purchase program will end as of the Closing Date and offers to redeem such reward for a free burger will not be honored by Milo’s after the Closing Date.
Milo’s may from time to time offer a “Little Something Extra” promotion in which Milo’s Rewards members enrolled on or prior to a specified date may receive periodic bonus offers consisting of a free Milo’s menu items. If offered, A Little Something Extra will be deposited into Milo’s Rewards accounts selected by Milo’s or its program administrators in their sole discretion. Each offer will be subject to an expiration time and date that may be soon after the reward is deposited in an account. Little Something Extra Rewards are not valid for orders placed via third party delivery platforms, and redemption is limited to participating Milo’s restaurants and is subject to availability. Little Something Extra Rewards may not be combined with other coupons, promotions, or special offers unless specifically allowed by the terms of a specific Little Something Extra Reward. Additional terms, conditions, limitations or restrictions may apply, and may be added to these Milo’s Rewards Terms from time to time. Milo’s makes no commitment to offer any minimum number of Little Something Extra Rewards. Milo’s may discontinue or alter the terms of the Little Something Extra Rewards program at any time.
LIMITATIONS, RESTRICTIONS AND OTHER TERMS
Your digital Milo’s Rewards card, ID number, scannable code or other identifier associated with the Milo’s Rewards 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.
Milo’s determinations of participant eligibility or any questions or disputes arising under the Milo’s Rewards Program, these Milo’s Rewards Terms or any other Milo’s Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Milo’s Rewards Terms, nothing in these Milo’s Rewards Terms will limit Milo’s from exercising any legal or equitable rights or remedies that it may have.
Without notice to you, Milo’s reserves the right to suspend and/or terminate any Milo’s Rewards account and/or your participation in Milo’s Rewards if Milo’s determines in its sole discretion that you have violated these Milo’s Rewards Terms, you have more than one Milo’s Rewards account, or that the use of your Milo’s Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Milo’s Rewards Terms. Milo’s may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Milo’s Rewards is terminated, then all accumulated points and Rewards in your account are void.
There are no membership fees associated with Milo’s Rewards, although use of online services in conjunction with participation in Milo’s Rewards programs may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the Milo’s Rewards program 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 cancelled.
There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Milo’s reserves the right to modify, amend or revise the Rewards made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Milo’s or the third party supplying the Reward. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Milo’s Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
Milo’s is not responsible for any problems or technical malfunction of any telephone network or lines, 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 unavailability of Rewards, 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 Milo’s Rewards. If, for any reason, the Milo’s Rewards program 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 Milo’s which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Milo’s Rewards program, Milo’s reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Milo’s Rewards program or otherwise respond to the circumstances as Milo’s deems appropriate.
CHANGES TO MILO’S REWARDS
Milo’s reserves the right to change, update and/or discontinue, in whole or in part, Milo’s Rewards or any portion of the program, all or any portion of these Milo’s Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Milo’s Rewards, 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 upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Milo’s Rewards Terms, we will revise the “last updated” date located at the top of these Milo’s Rewards Terms. If you continue to participate in the Milo’s Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Milo’s Rewards Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Milo’s Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Milo’s Rewards. If you do not agree to the Milo’s Rewards Terms, you must stop participating in Milo’s Rewards.
LIMITATIONS ON LIABILITY/INCONTESTABILITY
UNDER NO CIRCUMSTANCES SHALL MILO’S OR IT’S AFFILIATES (COLLECTIVELY THE “MILO’S ENTITIES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE MILO’S REWARDS PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU HAVE BEEN IMPROPERLY DENIED ANY REWARD UNDER THE MILO’S REWARD PROGRAM, THEN YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECEIVE AN EQUIVALENT REWARD. YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
BY PARTICIPATING IN THE MILO’S REWARDS PROGRAM, YOU AGREE THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE MILO’S REWARDS PROGRAM 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. YOU ACKNOWLEDGE AND AGREE THAT THIS ONE (1) YEAR LIMITATION 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.
MANDATORY BINDING INDIVIDUAL ARBITRATION AGREEMENT
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, NOT a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator generally can award the same damages and relief to you that a court can award under the law and must honor the terms and conditions in these Terms.
- Arbitration Agreement with Class Action Waiver
You and Milo’s agree that any dispute, controversy, or claim arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Milo’s may take claims to small claims court if they qualify for hearing by such a court. You also agree that these Terms shall apply to any dispute with other parties arising out of or relating to these Terms, including the determination of the scope or applicability of the Terms to arbitrate, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MILO’S ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING and that any arbitration under these Terms take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and Milo’s agree to waive the right to trial by jury. This agreement to arbitrate extends to claims that you assert against other parties arising out of or relating to these Terms. The agreement to arbitrate evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary, if any part of the agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Milo’s waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
- Arbitration Procedures
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To begin an arbitration proceeding against Milo’s, you must serve Milo’s registered agent for service of process at 100 Centerview Drive, Suite 256, Vestavia Hills, AL 35216. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
The arbitration shall take place in Birmingham, Alabama or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator shall not award relief in excess of what is allowed by applicable law and these Terms. Arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Judgment on the award may be entered in any court of competent jurisdiction.