REWARDS PROGRAM TERMS AND CONDITIONS

TheEl Gallo Giro Rewards program (herein referred to as the "Program") is a customer recognition program that rewards enrolled El Gallo Giro guests ("Members") for dining with us. Enrollment, membership, and all related benefits of the Program, including the use of this website (our "Website"), are offered to you by El Gallo Giro Corporation at its discretion. The Program is restricted to participating El Gallo Giro restaurants located within the state of California ("Participating Restaurants"). Your participation in this Program is subject to these Terms & Conditions ("Terms"), including any changes made to these Terms in the future.

Eligibility and Enrollment

You must also be at least 18 years of age as of the date of enrollment. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Program. Your membership is nontransferable.

There are two methods for enrolling in the Program: You may complete the online application process on this Website, or you may visit any participating El Gallo Giro location and enroll in person. Either way, you will be asked to provide certain identifying information, including your name, e-mail address, and date of birth. All information submitted must be truthful and accurate. It is your responsibility to ensure that the information you have provided remains current and to promptly notify us (by updating your online profile) of any changes. Following successful enrollment (either online or in-person), you will receive your Loyalty Gift Card ("Card") by mail; enrollment begins upon your receipt of your Card. Information about current promotions will be sent to the e-mail address you provide.

Rewards Program Privacy Policy

Information you submit on our Website will be used as described in our Privacy Policy, which is described on another page of this Website. By applying for enrollment in, and participating in, the Program you are agreeing that we may use your information as described in the Privacy Policy. You are also agreeing to review these Terms and the Privacy Policy regularly so that you can make informed decisions about your use of our Website, your participation in the Program, and the personal information you choose to share with us.

Promotions and Member Benefits

The terms of specific Program promotions will be disclosed at the time of the offering. Our Website will explain Member benefits and specific promotion details, which are subject to change at any time. Some promotions may include rewards based on the dollar amount you spend on food and beverages at Participating Restaurants. For more information about what types of purchases count toward rewards ("Qualifying Purchases"), see the paragraph entitled "Non-Qualifying Purchases" below. To receive credit for a Qualifying Purchase, you should identify yourself as an El Gallo Giro Rewards Member and present your Card when paying the cashier.

During an ongoing promotion, our Website may contain a summary of your purchase balance, listing the amount you have spent in Qualifying Purchases during a promotion. Though your Card may be used to record the dollar amount of Qualifying Purchases, the Card will not have any cash value. We will credit your account with the amounts of Qualifying Purchases only after the Participating Restaurant requests us to do so. We are not responsible for any delay or failure to record purchases to your account.

Some restaurants may not participate in the Program, so be sure to check with the restaurant location before you make your purchase. We will attempt to credit your account with Qualifying Purchases on a timely basis. However, you have the responsibility of making sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for purchases not credited accurately must be received by us before the end of the then-current promotional offer. We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption, or accumulation of participation credit or any other aspect of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to invalidate purchases credited to your account if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of Qualifying Purchases recorded in your account, and we reserve the right to delay the processing of any reward, without notice to you, in order to assure compliance with these Terms. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your password. The Program is void where prohibited.

Non-qualifying Purchases

The dollar amount of a Qualifying Purchase may not include the amount of any sales tax, state fees, delivery charges, or gratuities added to the food and beverage charge. Certain items may be excluded from credit in a particular promotion. Purchases of El Gallo Giro Loyalty Gift Cards will not count as Qualifying Purchases. Your account will be credited for Qualifying Purchases made with a gift card, but will not be credited for your purchase of a gift card.

Other exclusions may apply.

Restrictions on Use and Redemption

We are not obligated to apply Program rewards to pay for the following: sales tax, state fees, delivery charges, or gratuities. We reserve the right at any time to limit Program enrollment or to establish different levels of Program participation that may result in promotions that are not available to all Members. We may discontinue your membership and void or cancel your account at any time, for any reason, without notice to you, including if we suspect that you have engaged in fraud or theft or have otherwise acted illegally or not as authorized in these Terms. These rights are in addition to any other legal or equitable remedy which may be available to us under applicable law.

You may only enroll in the Program for yourself, and may only participate in the Program using your own Card and account. You cannot participate in the Program on behalf of other Members or non-members.

You should not rely upon the continued availability of the Program or any earning or redemption offers, merchandise, or other offers made in connection with the Program. All rewards are available while supplies last and are subject to change and/or revocation without notice.

Program or Account Termination or Modification

You may cancel your membership at any time by notifying us by e-mail at the address given below. Cancellation may take a brief period to finalize. You will forfeit your entitlement to any Program reward immediately upon de-activation or termination of your membership.

We reserve the right to deactivate any Member account that has not earned a Qualifying Purchase during a period greater than 12 months.

We reserve the right, at our sole discretion, to (a) suspend, change, or terminate the Program, any individual promotion, or any Member benefit, in whole or in part; (b) modify, limit, or suspend the use and/or redemption of any participation credit, such as Qualifying Purchase credit, in any respect; (c) modify or change redemption procedures, including the amount of participation credit required for particular rewards; (d) modify, limit, or suspend the collection of participation credit, including but not limited to imposing time limits and changes in participation credit values. We may make these changes even though the changes may affect the value of Member participation credits already accumulated at any time and from time to time. Your continued participation in the Program after any modification to the Program and/or these Terms will indicate your acceptance of any such modification. You expressly agree to assume responsibility for reviewing the Terms for any updates or modifications. If you don't agree to any changes to the Program or these Terms, your sole remedy is to deactivate your account (and forfeit any unused participation credit).

You expressly agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of the Program or modification of these Terms to the extent that such law requires any judicial pronouncement for the termination of the Program or modification of these Terms. We also agree to waive and set aside our respective rights and obligations in this regard.

Member Obligations and Representations

By submitting an application to enroll in the Program, or by taking part in the Program, you are expressly agreeing to be bound by these Terms, as they may be amended from time to time. You agree not to misuse Program privileges with conduct that is detrimental to us, including, without limitation, the following: having multiple accounts; making purchases on the behalf of other Members; participating in purchasing or redemption fraud; or using any robot, spider, other automatic device, or manual process to transact with or monitor the Program.

You agree to comply at all times with all laws, rules, and regulations that are applicable to you. You hereby acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that your application for enrollment is subject to our acceptance. We may refuse at any time to enroll you, or to restrict, modify, or terminate your participation in the Program without liability to you or any law, rule, or regulation.

You agree to provide only accurate and true information to us at all times. You agree to comply with all of these Terms and with the terms of any affiliated and/or related programs, offers, and promotions at all times. You agree to promptly notify us of any change in address, whether mail or e-mail, by updating personal information on our Website. This includes notifying us if your Card is lost or stolen. You agree that your participation in the Program is entirely at your own risk.

Limitations of Liability and Release of Claims Against Us

NEITHER EL GALLO GIRO CORPORATION, ITS AFFILIATES, SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ("ASSOCIATES") SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY "LOSSES AND DAMAGES") DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE PROGRAM OR THE WEBSITE; (III) ANY FAILURE, DELAY, OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF YOUR CARD OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT, OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR, OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES, OR ANY OTHER PERSON, ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

IN NO EVENT SHALL OUR AND OUR AFFILIATES' MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).

By participating in the Program, you hereby agree: (a) to release us and all of our affiliates, subsidiaries, Program partners, vendors, distributors, and independent contractors and each of their officers, directors, employees, and agents from any and all liability, loss, or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be permitted to obtain rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special, or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.

No Warranty

THE PROGRAM AND THE WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE.

Governing Law

Your application for enrollment, participation, and redemption of rewards in connection with the Program are subject to our verification and acceptance, which acts shall be deemed made, performed, transacted, and closed in California, USA. By participating in the Program, you agree that the laws of the State of California, without regard to any conflict of laws rules, will govern your and our observance of these Terms.

General

If we fail to act with respect to your breach or anyone else's breach of these Terms on any occasion, we do not waive our right to act with respect to future or similar breaches.

These Terms constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to earn rewards through the Program, and your entitlement to any other benefits of the Program and supersede all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Terms.

If any provision of these Terms (including limitations of liability) is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be deemed changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

We are the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the Program or any reward.

PROMOTION RULES

The El Gallo Giro Rewards program is sponsored by El Gallo Giro Corporation, 8141 E. 2nd Street, Suite 414, South Downey, CA 90241. To participate in this promotion, you need to be a Member of the El Gallo Giro Rewards program. If you are not already a Member, you can enroll by going to www.gallogiro.com or visiting any participating El Gallo Giro location.

Participation in the El Gallo Giro Rewards program is subject to the Terms & Conditions, these promotion rules, as well as any additional rules or terms that we may post at www.gallogiro.com from time to time.

The El Gallo Giro Rewards promotion will begin at 12:00:00 AM PT, August 21, 2008 and is subject to cancellation at any time without notice.

During the promotion, you will receive credit for each dollar you spend at participating El Gallo Giro restaurants for Qualifying Purchases.  When the amount of your total purchases reaches the threshold for the corresponding reward, a voucher will be automatically printed and given to you by the cashier at the time of payment. This voucher is good for the indicated reward item on your next visit to any participating El Gallo Giro location.