GIFT CARD TERMS AND CONDITIONS

TERMS AND CONDITIONS

The following are the Terms and Conditions of the physical gift cards and electronic gift cards (each, a “Gift Card”) sold or distributed by Burrachos, LLC on or after June 12, 2018 (each a “Gift Card”). “Card holder,” “you” or “your” means the individual that purchases or possesses the Gift Card. Please read these Terms and Conditions carefully, print or save a copy, and keep it for your records as binding contractual terms between you and Burrachos LLC (“Burrachos,” “we,” “us,” or “our”). By purchasing, accepting or using a Gift Card, you agree to be bound by these Terms and Conditions as well as the other binding Terms of Use and Privacy Policy referenced on Burrachos.com (collectively, the “Agreement”).

GIFT CARD ISSUER

Each Gift Card is issued by Paytronix Systems, Inc. (“Paytronix”).

As the card issuer, Paytronix and any of its successors or assigns are the sole obligor with respect to the Gift Cards.

Paytronix is not our agent or affiliate. We are not responsible for any act or omission by Paytronix in connection with Gift Cards.

GIFT CARD USE AND BALANCE

Gift Cards are redeemable by card holders towards the purchase of eligible goods and services at participating and authorized Burrachos locations within the U.S.A. Gift Cards are not usable to buy other gift cards, or other account-type vehicles (e.g., credit cards). Gift cards are not redeemable for cash. For information on Burrachos and its locations, visit www.burrachos.com. Eligible goods or services and participating locations are subject to change in our sole discretion.

The initial available balance on your Gift Card will be an amount set at the time of activation and/or purchase. Thereafter, the available balance will be reduced by each use of the Gift Card for eligible purchases or as otherwise provided in these Terms and Conditions, subject to any applicable state law.

Any remaining balance on a Gift Card will not be paid in cash to you, except where required by law. You will be able to use the remaining balance on the Gift Card to purchase other eligible goods and services. Any purchase amount greater than the available balance of your Gift Card must be paid with an alternative acceptable method of payment (for example, through use of a credit card). Gift Cards are not returnable or refundable for cash, except in states where such cash refunds are required by law. Gift Cards may not be resold or transferred for value without Burrachos’ written approval. Burrachos’ written approval is also required to advertise the availability or purchase of Gift Cards.

From time to time, a Burrachos location may be unable to process or honor Gift Cards for reasons outside of our control, including, but not limited to, system or network outages or issues. We are not responsible for any loss or inconvenience that you may experience if Gift Cards cannot be honored.

EXPIRATION DATE

Gift Cards have no expiration date.

FEES

Service Fee. After 12 months of inactivity (i.e., non-use of your Gift Card), a service fee of $2.00 per month will be deducted from a Gift Card’s available balance until you use the Gift Card again or the available balance is zero.

No other fees are charged with Gift Cards.

If you would like more information on the fees associated with Gift Cards, please call toll-free 1-866-576-0041 or visit our website at www.burrachos.com.

VIOLATIONS OF TERMS AND CONDITIONS

Any tampering, manipulation, or duplication of a Gift Card before or after activation is unlawful and violates these Terms and Conditions. Burrachos reserves the right, without notice to you, to (i) void or deactivate Gift Cards without a refund of the available balance to you, (ii) dishonor your ability to use Gift Cards for a purchase, (iii) suspend or terminate your ability to purchase goods or services at Burrachos, and (iv) void or cancel orders you made at a Burrachos location, if Burrachos suspects a Gift Card was obtained, transferred, or used unlawfully, fraudulently, or otherwise in violation of these Terms and Conditions. Burrachos expressly reserves the right to refuse to honor the use of any Gift Card or offer a Gift Card for sale when we reasonably suspect fraud or other unlawful conduct in connection with the Gift Card. Burrachos retains the right to refuse to honor a Gift Card to the extent that its current restaurant business has terminated. Burrachos is not responsible for any use or transfer of a Gift Card in contravention of these Terms and Conditions.

GIFT CARD VALUE AND PURCHASE CONDITIONS

Gift Cards can be purchased or issued at a minimum value of $5.00 and a maximum amount of $200.

You may purchase Burrachos Gift Cards using cash, check, a valid VISA, MasterCard, or American Express, or another acceptable payment methods designated by Burrachos from time to time. The acceptable payment methods may differ based on whether you purchase a Gift Card online or in-store.

When ordering Gift Cards online, you will need to log on from an IP address in the United States and a valid VISA, MasterCard, or American Express, or another acceptable payment methods designated by Burrachos.

If any further assistance is needed for the gift card type, contact our Customer Service team at www.burrachos.com/contact.

GIFT CARD PURCHASES FINAL; RISK OF LOSS

All Gift Card sales are final and no refunds for purchases of Gift Cards will be issued. Please review your Gift Card order carefully before submitting. Ownership of and risk of loss with Gift Cards passes to the card holder as soon as we send confirmation of the order. Burrachos is not responsible for Gift Cards that are not deliverable due to a failure to enter accurate recipient email addresses or recipient deletion or loss of electronic Gift Cards.

You are responsible for safeguarding your Gift Cards from unauthorized use. We are not responsible if a Gift Card is used without your permission. We are not responsible for, or have any liability to you, for any fraud or unlawful conduct by a third party that is associated with a Gift Card.

If your Gift Card or Gift Card carrier design choice is unavailable, an available design will be substituted.

VIEW YOUR BALANCE

It is important that you track the amount remaining on your Gift Card yourself. You can check your balance online at https://burrachos.myguestaccount.com/en-us/guest/. To view your Gift Card balance online follow the instructions on the screen. You will need your Gift Card number, and in some cases, the pin or access number to check the balance on your Gift Card. When checking Gift Card balances, please keep in mind that current balances shown online are estimates only. In most cases, the balance is adjusted when you make a purchase online or in-person at a restaurant, but there may be occasions when the updated balance is delayed for a period of time. Any use of a “bot” or other computer program to check Gift Card balances is prohibited.

LOST, STOLEN OR DAMAGED GIFT CARDS

Gift Cards have value and should be safeguarded accordingly. Burrachos is not responsible for (1) lost, stolen, altered, defaced or damaged Gift Cards (and you bear the sole risk of loss in such circumstances); (2) use of any Gift Cards by third parties (whether authorized or not); or (3) electronic Gift Cards that are not deliverable due to a failure to enter accurate email addresses for the recipient.

You may notify us of a lost or stolen Gift Card by visiting our website at www.burrachos.com/contact.

If you provide the Gift Card number or a copy of the purchaser order for the Gift Card, Burrachos will make reasonable efforts to disable a lost or stolen Gift Card from further use. If you are unable to provide us with the Gift Card number or other relevant information, then we will be unable to try to lock the Gift Card.

You may request a replacement Gift Card for a lost, stolen or damaged Gift Card. However, you may not receive a replacement Gift Card with your remaining balance for various reasons. A replacement Gift Card will not be issued unless you present adequate proof of purchase, the Gift Card number, the damaged Gift Card (in the case of a damaged Gift Card), and your verifiable identification. Requests to replace a lost, stolen, or damaged Gift Card may be denied in the event we suspect fraudulent or unlawful activity or improper use in connection with any Gift Cards. Finally, Paytronix may approve or deny replacement requests for lost, stolen or damaged Gift Cards in its sole discretion. If the replacement is approved, a new Gift Card will be issued in the remaining available balance, determined at the time you notify us of the lost, stolen, or damaged Gift Card. Replacement Gift Cards may take up to 15 days to provide to you.

UNCLAIMED PROPERTY

If you have not used your Gift Card within a time period set by state law, the unused Gift Card balance may become subject to escheat under various state unclaimed property statutes. These time periods set by state law usually are two, three or five-year periods. If the remaining Gift Card balance becomes unclaimed property subject to a state unclaimed property law, Paytronix may be required to transfer funds equal to the Gift Card balance to a state in an amount and at the time required by state law. At that time, you may lose the ability to use your Gift Card. If this occurs with respect to your Gift Card, you may inquire about the status of your Gift Card by contacting Burrachos at www.burrachos.com. Burrachos is not liable to you for any unclaimed gift card funds paid to a state by Paytronix.

ACCURATE INFORMATION

If you purchase an electronic Gift Card online, the Gift Card will be delivered via email to you or a designated recipient. Before you purchase an electronic Gift Card, please check to make sure the email address of the recipient is correct. The common reasons an electronic Gift Card is not received are a wrong email address was provided, a Firewall or Spam filter has blocked the email with the Gift Card or routed it to a bulk/spam folder, or the recipient’s email inbox is not over a size limit.

You may contact Customer Service Guest Experience if you suspect the recipient did not receive their Gift Card at www.burrachos.com.

Should an electronic Gift Card be returned to us due to inaccurate delivery information you provided for the recipient, we will make a reasonable attempt to contact you via any phone number or email address you provided during purchase. If we are unable to make contact with you within five (5) days of your purchase, your Gift Card order will be canceled and you will not be charged for the gift card. If a Gift Card is not returned to us and is sent to the wrong recipient because of inaccurate information you provided at purchase, we will not cancel your Gift Card order and you will not receive a refund.

We reserve the right to require additional verification of your identity in connection with the purchase, use, or replacement of a Gift Card.

PERSONALIZED MESSAGING

If you wish to add a personal message to a personalized Gift Card, simply type your message in the message field on the Gift Card preview screen. Personal messages are limited in length to the space provided on the Gift Card. There is no additional charge to include a personalized message. We don’t read every gift message, but if we do find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel the order. You are responsible for all spelling accuracies on the personal messages.

LIMITATION OF LIABILITY; SOLE REMEDY

To the fullest extent permitted by applicable law, Burrachos disclaims all warranties of any kind, express, implied, or statutory, with respect to the Burrachos Gift Card program (including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of any course of dealing, usage or trade). To the fullest extent permitted by applicable law, Burrachos will not be liable for any indirect, special, incidental, punitive, or consequential damages or losses (including for the indirect loss of profit, revenue or data) arising out of or in connection with the Burrachos Gift Card program, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages or losses. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU ARE ENTITLED TO ANY APPLICABLE RIGHTS UNDER STATE LAW.

IF A GIFT CARD NUMBER IS NON-FUNCTIONAL OR YOU HAVE ANY OTHER CLAIM RELATED TO YOUR GIFT CARD, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE A REPLACEMENT GIFT CARD LOADED WITH THE VALUE OF THE UNUSED PORTION OF YOUR GIFT CARD.

BURRACHOS GIFT CARD GUEST EXPERIENCE

If you need assistance with any aspect of your Gift Card, please contact Burrachos by visiting our website at www.burrachos.com/contact. Please have your Gift Card number, email address and other information ready to provide to us.

Contact Customer Support if you believe you’re the victim of a scam involving Burrachos Gift Cards. You can also report the scam to the Federal Trade Commission. Never share a gift card number or PIN over the phone or online, especially with someone you don’t know. Report fraud at https://reportfraud.ftc.gov/ or https://complaint.ic3.gov/.

AMENDMENTS

Burrachos reserves the right to add, remove, or change any of these terms, policies, FAQs, guidelines or other terms pertaining to Burrachos Gift Cards at any time in its sole discretion. If any term changes, then we will let you know by posting an updated Terms and Conditions. Please review these Terms and Conditions regularly. Any modifications will be effective immediately upon posting the revision and you waive any right to receive special notice of such change. By continuing to use your Gift Card, you agree to any revised terms or policies posted by us.

GENERAL TERMS

Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of you, us, and Paytronix relating to the Gift Cards, and all prior understandings, written or oral, are superseded by this Terms and Conditions.

When you purchase, receive, or use a Gift Card, you agree that the laws of the State of Wisconsin without regard to principles of conflict of laws, will govern this Terms and Conditions and any disputes that may arise between you and us, or you and Paytronix.

If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, the unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions set forth herein.