MY REWARDS TERMS OF USE

Effective Date: March 19, 2024

Last Updated: July 1, 2024

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY OPTING IN, ACCESSING OR PARTICIPATING IN THE MY REWARDS PROGRAM, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS, AS WELL AS ALL TERMS APPLICABLE TO YOUR USE OF THE HARDEE’S. APPLICATIONS (“APP(S)”) AND HARDEE’S. WEBSITES (“WEBSITE(S)”) AND ALL TERMS AND POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING BUT NOT LIMITED TO HARDEE’S. PRIVACY POLICY AND OUR ONLINE SERVICES TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE MY REWARDS PROGRAM.

These Terms apply to your access to, and participation in, the My Rewards program in the United States ("Program" or “My Rewards”), which is operated by Hardee’s.® (collectively, “Hardee’s.,” “us,” "we," or “our”) and are a legally binding agreement between you and us. If you have questions regarding these Terms, please contact us.

To become a My Rewards member, you will be required to provide Hardee’s. with some personal information including your name, email address, zip code, phone number and password.  At your option, you may also provide Hardee’s. with your birthday month and day to enable more personalized offers.  All information submitted is subject to the Hardee’s. Privacy Policy found here.

YOUR CONTINUED PARTICIPATION MY REWARDS IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THESE TERMS. VIOLATION OF THESE TERMS AUTOMATICALLY TERMINATES YOUR PARTICIPATION IN MY REWARDS.

We reserve the right to change or modify these Terms or any policy or guideline pertaining to My Rewards, in whole or in part, at any time and in our sole discretion. Any changes or modifications will be effective immediately and may be posted via our Apps or Websites or, when required, we will notify you of changes to these Terms in the mobile app and require you to accept before continuing.

CONTINUED PARTICIPATION IN THE PROGRAM AFTER CHANGES HAVE BEEN MADE TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE REWARD TERMS AND ANY MODIFICATIONS TO IT.

California Notice of Financial Incentive. 

Under California law, My Rewards might be interpreted as a “financial incentive” program as it involves the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the free or discounted products or services that you obtain when you redeem points. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in My Rewards at any time by contacting us at the address described in these Terms.

Program Description

My Rewards is a way in which we reward and thank loyal Hardee’s. customers. My Rewards members (“you” or “Members”) are able to earn and accumulate points (“Stars”) that can be redeemed for My Rewards benefits ("Rewards") at participating Hardee’s. restaurants (“Restaurants”).  Not all of our Restaurants have the ability to participate in My Rewards and provide or accept Rewards at this time. The Rewards are void where prohibited.

Members can earn Stars to be redeemed for Rewards by logging into their User Account and placing an order in our Hardee’s. App or Website or my scanning your QR at the counter or pickup window before you pay for your order. Stars are earned through qualifying purchases or other opportunities that may be presented, such as participating in activities or events, multipliers, challenges and more. Stars for “other activities” will be awarded as described in the promotion and are subject to their own terms. Stars, Rewards and benefits are non-transferrable, have no cash value, and are not redeemable for cash or gift cards.

Eligibility

My Rewards is free to join and there is no monthly or annual fee to participate. My Rewards is intended for personal use only; commercial use is prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in the Program.

My Rewards is open to U.S. residents only who are at least 18 years old or the age of majority in their home state. The Program is limited to individuals only and is limited to one User Account per individual. User Accounts are personal and cannot be sold, transferred, or assigned to or shared with friends, family, or others. We reserve the right to cancel a User Account at any time in accordance with these Terms, including the “Cancelling or Terminating Your User Account” terms below. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons.

If you opt not to enroll in a My Reward’s Membership, you are unable to participate in My Rewards, receive select mobile offers, promotions and events, and/or other features that require authenticated access in My Rewards.

How to Sign Up for My Rewards

If you are eligible to enroll in the Program, to become a Member, you must first create a user account (“User Account”) in the App or on our Website. All User Accounts are subject to the user Accounts terms in the Terms of Use Current User Account holders who have created an online ordering account will be prompted to supply a zip code to complete enrollment in My Rewards and must accept these Terms s before they are able to participate and enroll in My Rewards (“My Rewards Membership”).  If a current User Account holder does not wish to participate in My Rewards, they can still place online orders as a guest but will not earn Stars.

We are not responsible for your use of a User Account or redemption of Stars for benefits. It is your responsibility to manage unauthorized use or redemption of Stars by family or friends or other individuals who might have access to the User Account. In the event your User Account is stolen, and the User Account is used or the Stars are redeemed, you may contact us to investigate and determine, in our sole discretion, what remedy, if any, may be available. You are responsible for keeping your contact information current and accurate. We are not responsible for communications failures or other problems caused by out-of-date or inaccurate information provided by you.

Communication Options and Your Privacy

Information used with My Rewards is governed by our Privacy Policy. Please read the Privacy Policy carefully to understand how we collect, use, and disclose your personal information, how to update or change your personal information, and how we communicate with you.

My Rewards Program communications to Members may include in-App messaging, email, SMS text messaging, and push notifications. Members will be given the ability to opt in to each method of communication, except in-App messaging which is automatic and non-optional for App users. You may change your communication preferences as follows: (1) You may unsubscribe from promotional emails by clicking the “unsubscribe” link at the bottom of any email; (2) you may unsubscribe from SMS text notifications by replying with “STOP” or other opt-out language as instructed in any text message you receive from us regarding My Rewards;  (3) push notifications may be changed by adjusting the settings on your mobile device; and (4) you may exercise your privacy rights by submitting a request via our webform here. For more information on SMS text messaging, please see our Terms of Use.

Except for a request to opt-out of the Program or delete your User Account, any exercise of Member privacy rights, including without limitation, opting out from our promotional emails, will not limit your ability to participate in the My Rewards Program.  Please note that if you are a consumer in a state with a data privacy law that provides the right to deletion and submit a deletion request, we will ask you if you want to terminate your My Rewards Membership (and User Account) or to retain your Membership.  If you do not respond to our request for an answer OR you respond and choose to delete your account, your My Rewards Membership will be deleted. If you choose to retain your account, your My Rewards Membership, we will continue to use your personal information to provide the My Rewards Program and related services or as otherwise permitted by applicable law.

Additional Benefits

Members may be prompted to provide additional information so we can provide more personalized My Rewards offers and experiences.  Additional Member benefits, such as special promotions, offers, or events, may be available from time to time. These benefits may require a completed profile and/or opt-in to push notifications, email, and/or location services to be eligible and for you to receive notification of the benefits, all as explained in the terms of each offer. Failure to enroll for such communications, to activate such features, or to have network connectivity, may result in your not receiving information about benefits. We are not responsible for any such failures.

Any offers provided to a Member are subject to terms and conditions as stated on the specific offer, which may include limitations in the method in which the offer can be redeemed. Available offers can be viewed by Members in the Rewards section of the App or Website (must be logged into My Rewards).  All offers are subject to change or removal at any time in our sole discretion. You are only permitted to redeem one Reward OR one offer per transaction.  You are responsible for applicable sales tax, which may vary based on local tax ordinances.

Cancelling or Terminating Your User Account

You may cancel your My Rewards Membership (and User Account) at any time by submitting a request to [email protected] or, if you live in a state with a data privacy law that provides consumer rights, you may submit a request at https://[email protected].

We reserve the right to cancel any User Account at any time ifa Member violates, or is suspected to violate, these Terms or any agreement between you and us (including the Terms of Use), engages in fraudulent or inappropriate conduct as determined in our sole discretion, violates any federal or state laws, statutes, or ordinances, or otherwise abuses the Rewards program, as determined in our sole discretion. Similarly, such action by you may result in you losing benefits accrued under the Program.We will delete your User Account when no longer necessary. For example, we may delete a User Account has been inactive for a period of four (4) years or more. Inactive is defined as failing to make an eligible Stars-earning purchase, either in the App, on the Website, by scanning your Member QR code during your restaurant transaction or by submitting an eligible receipt barcode, in four (4) or more years. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons.

Upon User Account cancelation, any unused Stars accrued in your User Account will be forfeited and cannot be redeemed and become null and void. Subsequent re-enrollment by the same Member will be at a zero-point balance. We reserve the right to refuse re-enrollment to any terminated Member based on previous fraudulent, abusive, or otherwise inappropriate behavior, as determined by us.

Earning Stars

Once enrolled, Members will receive ten (10) Stars for every one dollar ($1.00) spent on qualifying purchases at participating Restaurants when an order is place via one of the methods described below. Order subtotal, before taxes, fees, discounts and/or tips, must be a minimum of $1.00 to be eligible to earn Stars. Stars are rounded up or down to the nearest whole point value. For example, a qualifying purchase of $5.23 will earn 52 Stars, and a qualifying purchase of $6.89 will earn 69 Stars.

Members can earn Stars when: (1) placing a mobile order in the Hardee’s. App (when enrolled and logged into a My Rewards Membership; not as a guest); (2) ordering online with a qualifying purchase at participating Restaurant on the Hardee’s. Website (when enrolled into a My Rewards Membership; not as a Guest); (3) ordering in-person with a qualifying purchase at a participating Restaurant and having a crew member scan your Member code during checkout or (4) ordering in-person with a qualifying purchase at a participating Restaurant by digitally scanning the receipt barcode using the scanning functionality in our App after giving the our App permission to access your device’s camera functionality or manually entering  the 13-digit numeric code associated with the barcode on their receipt in our App or on our Website after purchase. We reserve the right to limit the number of transactions a Member may receive Stars on within a given time period and/or by transaction type.

When using Option (4) above, the barcode must be entered in the Hardee’s. App or Website within 72 hours of purchase. Members are limited in the number of receipts they are permitted to submit. To earn Stars, the receipt submitted must include eligible purchases, less any tax, Rewards/discounts redeemed, delivery/service fees and tips. A Member may be required to provide additional proof of purchase in order to receive Stars for a Receipt Submission. We reserve the right to deny any receipt claim if it does not meet qualifications.

Other Terms, Conditions and Exclusions for Earning Stars:

  • A maximum of 1,000 Stars can be earned per transaction.
  • Stars for any qualifying purchase can only be credited to one User Account.
  • Stars from one transaction cannot be split between multiple User Accounts.
  • Stars are awarded on eligible purchases, less any tax, Rewards/discounts redeemed, delivery/service fees and tips.
  • Stars accrued during a transaction may only be redeemed for a Reward in a separate, subsequent transaction.
  • Stars are earned on eligible items only. Gift cards, donations and other items may not qualify for Stars.
  • Stars cannot be earned on purchases made through third party delivery services, such as DoorDash, GrubHub or UberEats.
  • Stars should be available in a Aser Account approximately 60 minutes after user checks in their digital order but can take up to 24 hours to appear in a User Account in some cases.
  • Available Stars will be displayed in a User Account in the App or on the web.
  • Stars are earned once a Member checks-in their App or Website order at the Restaurant. If an order is placed, but not checked in, or a user cancels their order, no Stars will be received.

Redeeming Stars and Rewards

Available Rewards can be viewed by Members in the Rewards section of the App or Website (must be logged into My Rewards).  Rewards available in the Rewards Store are subject to change or removal at any time in our sole discretion. You must have minimum number of unredeemed and unexpired Stars available for the Reward you wish to redeem. You are only permitted to redeem one Reward OR one offer per transaction.   Each Reward is subject to terms and conditions as stated on the specific Reward, which may include limitations in the method in which the Reward can be redeemed. You are responsible for applicable sales tax, which may vary based on local tax ordinances. Rewards can be redeemed with no additional purchase required. Once a Reward is redeemed, Stars will be subtracted from your User Account immediately when an order is checked in. All Reward claims are final.

A Reward for the value of a specific menu item can be redeemed only when the specific menu item is available at the participating Restaurant where you seek to redeem the Reward. For example, a Reward for the value of a lunch or dinner item cannot be redeemed during breakfast hours. If a menu item is discontinued or unavailable at a participating restaurant, the holder of a valid Reward for the value of the menu item may be allowed to redeem the Reward for an alternate menu item of equal or lesser value, as determined by us or a franchisee in their sole discretion.

Other Terms, Conditions and Exclusions for Redeeming Stars:

  • Stars expire 365 days from the day they were earned.
  • When you redeem your Stars for a Reward, your oldest available Stars are used first.
  • We reserve the right to limit the redemption of specific Rewards.
  • We reserve the right to limit the number of Rewards available.
  • Stars are not transferrable between brands. i.e., Stars earned at Hardee’s cannot be redeemed for a Reward at Hardee’s., and vice versa.
  • We reserve the right to limit the number of Rewards or offers a Member can redeem within a given time period.

Changes or Termination of the Rewards Program.

The Program will continue until we terminate it, which we may do at any time, with or without notice to you. Upon discontinuation of the Program, you may lose all benefits under the Program, including those yet to be redeemed. We also reserve the right to suspend or modify the Program, at our discretion, at any time. By continuing to participate in the Program, you accept our modifications. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms ―there may have been changes to our policies that may affect you. If you do not agree to these Terms as modified, then you must discontinue your use of the Program. Your continued use of the Program will signify your continued agreement to these Terms as revised. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the App, an email to the address we have on file, or a message in your User Account.

Disclaimer; Limitation of Liability.

By participating in the Program, you agree that all decisions we make regarding the Program are final. The Program is subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR THE INABILITY TO USE THE PROGRAM, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD-PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF A MEMBER PROVES THAT WE HAVE IMPROPERLY DENIED SUCH MEMBER ANY PROGRAM REWARDS, THEN THE MEMBER’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT PROGRAM REWARD. MEMBERS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE PROGRAM, EACH MEMBER AGREES THAT ANY LEGAL CLAIM OR CAUSE OF ACTION RELATED TO THE PROGRAM MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT IN WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER 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.

Conflict of Terms

Except as otherwise stated in the Terms of Use, if any provision contained in these Terms is in conflict with any provision in the Terms of Use, the provision contained in these Terms shall govern and control.