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Terms & conditions

Last Updated: 6/30/22

These Terms and Conditions (these “Terms”) apply to your access to, and your use of our mobile application (the “App”), website located at www.terribles.com (the “Site”), and your participation in our Terrible’s+ Rewards (the “Program”, and together with the Site and App, collectively the “Services”), which are operated by Terrible Herbst, Inc., or its subsidiaries, licensees and affiliated companies (“Terrible’s”, “we”, “us”, or “our”).

BY CLICKING “REGISTER”, OR BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR MAKING ANY PURCHASES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO THE TERMS WHEN YOU MAKE A PURCHASE AS A GUEST. THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12 OF PART ONE, YOU MAY NOT ACCESS OR USE OUR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF SERVICES.

SECTION 1 | TERMS FOR ALL USERS

1.1 | Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 13. Terrible’s encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent. Additional eligibility requirements apply to purchases made using the Services, and are set forth in Section Three (3).

If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

1.2 | Accounts & Account Security

In order to access and use certain areas or features of the Services, including to purchase any products made available through the App (the, “Products”), you will need to register for an account (an “Account”). You can create an Account as follows:

Download the Terrible’s Social House App on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create an Account. Terrible’s does not charge to download its App, but standard data rates may apply.

By creating an Account, you agree to:

  • provide accurate, current and complete Account information,
  • maintain and promptly update, as necessary, your Account information,
  • maintain the security of your Account credentials,
  • be responsible for the acts or omissions of any third party who has authority to access or use your Terrible’s+ Card or Account, including by use of the Services on your behalf, and
  • immediately notify us if you discover or otherwise suspect any security breaches related to your Account. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.

1.3 | Privacy Policy

Terrible’s personal information practices, including the collection, use and/or disclosure of your personal information, are governed by Terrible’s privacy policy located at terribles.com/privacy-policy, which is hereby incorporated into these Terms by reference. We reserve the right to modify our privacy policy from time to time. While using the Services and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to the Services. If you agree and consent to receiving such communications from Terrible’s, you may opt-out of receiving such communications at any time as provided in our privacy policy.

1.4 | Use Conduct

As a specific condition of your use of any of the Services, you explicitly agree not to:

  • use any of the Services for any purpose that is unlawful or prohibited by these Terms;
  • use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services;
  • attempt to gain unauthorized access to Terrible’s computer systems or networks connected to Terrible’s, through hacking, password mining or any other means;
  • attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services;
  • attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and
  • use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

1.5 | Effective Date, Modification; Changes

These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Terrible’s may revise these Terms. If we make changes, we will post the amended Terms to our Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Terrible’s expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.

1.6 | Disclaimers

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT:

  • THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS;
  • DEFECTS WILL BE CORRECTED; OR
  • THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, TERRIBLE’S MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. TERRIBLE’S WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. TERRIBLE’S MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

TERRIBLE’S DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO:

  • ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
  • ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES, THE APPS OR MATERIALS PROVIDED, MADE AVAILABLE IN CONNECTION WITH THE PROGRAM OR ANY PROMOTIONAL CONTESTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN,
  • THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF,
  • YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS, OR
  • YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES OR PROMOTIONAL CONTESTS.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES, THE APPS OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE PROGRAM, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. TERRIBLE’S DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER CONDITIONS OF USE. TERRIBLE’S IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING AND OFFERINGS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE ACCORDINGLY. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION.

1.7 | Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PROMOTIONAL PARTNERS, VENDORS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF

  • THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
  • IF YOU HAVE NOT PAID TERRIBLE’S, THE AMOUNT OF $100.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

1.8 | Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TERRIBLE’S AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Access to and use of any of the Services and these Terms are governed by the laws of the State of Nevada and the United States as applicable therein, without resort to conflict of law provisions. Terrible’s makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Services from other locations are solely responsible for compliance with their local laws. Any legal actions against Terrible’s must be commenced within two years after the claim arose. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Terrible’s agree:

  • to waive your and Terrible’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, and
  • to waive your and Terrible’s respective rights to a jury trial.

Instead, Any Dispute arising out of or relating to any of the Services, or these Terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either:

  • acknowledge and agree that you have read and understand the rules of JAMS, or
  • waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Las Vegas, Nevada, or in the county where you reside, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this by writing to: Attn: Legal Department, 5195 Las Vegas Blvd South, Las Vegas, NV 89119. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A COURT LOCATED IN LAS VEGAS, NEVADA. Notwithstanding the foregoing, Terrible’s may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

1.9 | Governing Law & Venue

These Terms, your access to and use of the Services, including Rewards and Products shall be governed by and construed and enforced in accordance with the laws of the State of Nevada, without regard to conflict of law rules or principles (whether of the State of Nevada or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Nevada and the United States, respectively, sitting in the State of Nevada.

1.10 | Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

1.11 | Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

1.12 | Miscellaneous

These Terms (including, for greater certainty, the additional items in Part Two (2) below) constitute the entire agreement between you and Terrible’s relating to your access to and use of the Services and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Terrible’s. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Terrible’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

SECTION 2 | TERRIBLE’S+ REWARDS

These Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Program, which is operated by Terrible’s.

These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.

2.1 | Joining the Program

There are no membership fees associated with the Program. The Program is open only to residents of the U.S. who are 13 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Program. If you are between 13 and 18, you may join and participate in the Program only with the permission of a parent or guardian. Terrible’s encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.

2.2 | Accumulating Points

Except for purchases of certain Excluded Items identified below, the Program enables you to accumulate promotional Terrible’s+ Rewards Points (“Points”) on all other purchases (“Qualifying Purchases”) and to convert your Points redeemable for certain eligible items at participating Terrible’s stores in the U.S. You will accumulate one (1) Point for each penny (USD $0.01) you spend on Qualifying Purchases in accordance with this section. Taxes and fees are excluded and ineligible for Point accrual. Points may take longer than 24 hours from the time of the last Qualifying Purchase to show up in your Account. We reserve the right, in our sole discretion, to limit the number of transactions per day for which Points may be awarded as well as the number of Points per day that a Program member may earn.

In order to accumulate Points from Qualifying Purchases, you must identify yourself as a Terrible’s+ Rewards Member at the time of purchase (by presenting and scanning your Terrible’s+ Reward Code, (accessed through the Terrible’s Social House App, at the time of purchase) or providing the phone number linked to your Account at the time of purchase on the pin pad, in order to record and qualify your purchase. Points and Rewards are promotional only. Points and Rewards are not transferable to any other individual or entity. Points will not be accumulated on purchases of the following products/services: lottery tickets, financial services, prepaid card products, money orders, gift cards, phone cards, (collectively, the “Excluded Items”). We reserve the right to add or delete products and services eligible for redemption or Point collection at any time, at our sole discretion, without notice.

If you cancel or return a Qualifying Purchase for which you have collected Points, Terrible’s may deduct the Points that you were awarded for that purchase.

2.3 | Promotional Offers

From time-to-time, Terrible’s may offer incremental promotional programing to earn free products in participating stores. Details of any such program will be set forth in the rules of such program and/or communicated to you via point-of-purchase display, email, or in-app messaging, and may enable you to get one free product (as we may specify, the “Promotion Reward”) for a number of such products that you buy at participating Terrible’s stores in the U.S. when you present and scan your Terrible’s+ Reward Code (accessed through the Terrible’s App) at the time of purchase or provide the phone number linked to your Account at the time of purchase in order to record and qualify your purchase. We reserve the right, in our sole discretion, to limit the number of transactions per day for which Promotional Rewards may be awarded. Terrible’s may, in its sole discretion, modify or discontinue any promotional program at any time without notice to you.

2.4 | Redeeming Promotion & Store Rewards

Redemption of Promotion and Store Rewards are subject to availability. You may only redeem Rewards at participating Terrible’s stores. Terrible’s reserves the right to change or discontinue any food or drink products, and to change the amount or kind of Rewards or Points necessary to be eligible for redemption at any time. Once a Reward have been redeemed, they cannot be credited back to your Account.

In accordance with applicable tax laws, applicable taxes are calculated and payable by any Program member on the full amount of the purchase price before any reduction for redeemed Point Rewards or Reward Products.

If you have an Account and have properly recorded Points to your Account or converted your Points to C-Store Cash Rewards or are eligible to receive a free Reward Product, there may be periods of time where your accumulated Points, Point Rewards, or Reward Products do not appear in your Account. Rest assured, such Points, Point Rewards, or Free Products Rewards are still linked to your Account, and are available for conversion or redemption in accordance with these Program Terms once availability resumes.

2.5 | Obtain and Redeem C-Store Cash Rewards with Store Points

2.6 | Prohibited Conduct

In addition to the restrictions, you agreed to in Terrible’s Terms, you agree that any fraud, attempted fraud, suspected fraud, or abuse of the Program or these Program Terms is expressly prohibited and engaging in any of these activities will be grounds for immediate termination and disqualification from the Program and may lead to the forfeiture of all earned Points.

2.7 | Expiration

2.8 | Discrepancies

If you believe there is a discrepancy with the number of accumulated Points or any My Rewards in your Account, you must notify us at the contact particulars below within sixty (60) days of the discrepancy date or it will be deemed correct.

2.9 | Compromised Accounts

Should the security of your Account be compromised, including in the event your mobile phone or other electronic device capable of accessing your Account is lost, stolen or compromised, you must notify us at the contact particulars below. We are not responsible for any Points or Rewards used by a third party accessing your Account.

2.10 | Member Communications

By creating an Account, you consent to receive electronic communications from Terrible’s (e.g., via email or by posting notices on the Terrible’s App or Site). These communications may include notices about promotional events, your Account (e.g., payment authorizations, password changes, security concerns and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

2.11 | Promotional Events

From time to time, Terrible’s may offer promotional events. By providing your email address, you consent to be automatically entered into our promotional events. As part of your consent, you authorize Terrible’s to communicate with you electronically (via email) about such promotional events, and to send you the promotional events’ descriptions and official terms and conditions that apply to such promotional events. THE WINNER OF ANY PROMOTIONAL EVENTS MAY BE REQUIRED TO SATISFY ADDITIONAL CRITERIA IN ACCORDANCE WITH APPLICABLE TERMS AND CONDITIONS, INCLUDING COMPLETING AND RETURNING A WAIVER AFFIDAVIT AND LIABILITY/PUBLICITY RELEASE IN ORDER TO RECEIVE THE APPLICABLE PRIZE. In the event you are a winner, we may share your name and contact information with a third-party promotional company in order to facilitate the fulfillment of your prize and you consent to such sharing. In the event that you wish withdraw your consent to such sharing, or desire to opt out of marketing and promotional communications and events, you can do so by

  • following the instructions in the email or other communication,
  • following the opt out instructions in the terms and conditions, or
  • closing your Account.

2.13 | Your Choices

As part of the Program, you will have access to your Account on the Terrible’s App, which will provide information about your Account, including your accumulated Points, and Rewards, and your Account preferences. From the Account, you can update your profile information and can manage Account settings, such as opt-outs.

2.14 | Disclaimers

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN TERRIBLE’S TERMS LOCATED AT WWW.TERRIBLES.COM/SOCIAL-HOUSE-TERMS-OF-USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM, OR ANY PROMOTIONAL EVENTS. OUR TOTAL LIABILITY TO YOU WITH RESPECT TO THE PROGRAM, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF

  1. THE TOTAL AMOUNT YOU SPENT ON SCANNED QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
  2. IF YOU HAVE NOT PAID Terrible’s, THE AMOUNT OF USD$100.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

2.15 | Other

The Program is void where prohibited. Your accumulated Points and any Rewards available for redemption are promotional in nature, have no cash value, and cannot be sold, copied, shared, or transferred. No substitutions, assignments, or transfers of any Qualifying Purchases will be permitted. Terrible’s decisions in connection with this Program are final and binding. Terrible’s will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of Terrible’s. Any provision of these Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Program Terms will remain in effect.

We reserve the right to impose volume limitations on some items, and to offer additional and/or different benefits to some members based on geographic location, participation in the Program, or other criteria determined by us.

Your Account, and accumulated Points, and Rewards are personal to you, and may not be sold, transferred, or assigned to, or shared with family, friends, or others, and may not be used for any commercial purpose.

The Program is subject to Terrible’s Privacy Policy located at terribles.com/privacy-policy. If you have any questions, comments or concerns about the Program or these Program Terms, you may contact us at the following address(es):

Terrible’s HQ, ATTN: Terrible’s+ Rewards Program, 5195 Las Vegas Blvd South, Las Vegas, NV 89119 or by email at promotions@terribles.com

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