TERMS OF USE

DEL YEAH! REWARDS PROGRAM TERMS OF USE

The Effective Date of these Terms of Use is August 18, 2021.


IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, AS THEY APPLY TO YOUR ENROLLMENT AND PARTICIPATION IN THE DEL YEAH! REWARDS PROGRAM. YOU AGREE THAT BY PARTICIPATING IN THE DEL YEAH! REWARDS PROGRAM, YOU EXPRESSLY CONSENT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PARTICIPATE IN THE DEL YEAH! REWARDS PROGRAM.


Del Taco Rewards Program, Del Yeah! Rewards (the "Program"), is offered by Del Taco ("Del Taco," "we," or "us"). These Terms of Use ("Terms of Use" or "Additional Terms") apply to our Del Yeah! Rewards Program described below, whether accessed through our websites or the Del Taco Mobile Application or other mobile applications that directly reference or link to these Terms of Use (collectively, the "Del App"), but not to any other website, mobile application, product, service, or program offered by us. These Terms of Use are a legal and binding agreement between you and Del Taco governing your participation in the Program, and which includes its content, information, services, and features.


In some instances, both these Terms of Use and the Del Taco Terms of Use ("Original Terms") that apply to our websites (including www.deltaco.com, www.deltacofranchise.com, www.deltacowebstore.com, www.order.deltaco.com and www.deltacogiftcards.com), interactive features and mobile sites that post a link to it (collectively, "Sites"), and the Del App (collectively, our "Services") will apply. To the extent there is a conflict between these Terms of Use and the Original Terms, these Terms of Use will control unless these Terms of Use expressly state otherwise. However, in all events, the Dispute Resolution Policy in the Original Terms of Use shall apply for any and all disputes between you and Del Taco. Any other provisions of the Original Terms not addressed herein shall otherwise govern your membership in the Del Yeah! Rewards Program.

  • OWNERSHIP OF PROGRAM CONTENT

    The Program and all content, information, and other materials featured, displayed, contained, and available on or through the Program (collectively, the "Content") is owned by or licensed to Del Taco and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property laws. You may not otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Program or the Content, except as expressly provided in these Terms of Use. Any unauthorized use of the Content is prohibited.


  • YOUR LICENSE TO PROGRAM CONTENT

    Subject to your strict compliance with these Terms of Use, Del Taco grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Content for noncommercial purposes only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the Content; (b) you do not use the Content in a manner that suggests an association with any of our products; and (c) you make no modifications to the Content. All other rights in and to the Content are hereby expressly reserved to Del Taco or its licensors.
    By participating in the Program, you agree to use the Content in accordance with these Terms of Use and all applicable laws and regulations. Del Taco may prohibit access, use, conduct, communications, or content that Del Taco, in our sole discretion, deems to be harmful to the Program, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law.


  • MODIFICATIONS

    We may modify these Terms of Use from time to time. If we revise these Terms of Use, those changes will appear on this page and the "Effective Date" line will be updated. Modifications take effect as soon as they are posted to the Services, delivered to you, or reasonably made available to you in writing by Del Taco via email, text messaging or in another similar manner. It is therefore very important that you update your account information or notify us when your email address changes. Your continued participation in the Del Yeah! Rewards Program after any modification confirms your acceptance of the modifications.
    Additionally, Del Taco may at any time, for any reason, and without notice or liability to you: (1) suspend or terminate operation of or access to the Program or any portion thereof; (2) change, revise, or modify the Program or any portion thereof; (3) interrupt the operation of the Program or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the Program; and/or (5) terminate the authorization, rights, and license granted herein. Upon termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Program.


  • Del Yeah! REWARDS PROGRAM

    The Program is available at participating Del Taco restaurants in the United States.
    Del Yeah! Rewards Members receive benefits that may include menu update news, special Sneak Peek invitations, Reward Member Tastings, contests and sweepstakes. At times, purchases at Del Taco may provide members with an opportunity to receive a surprise reward, such as free or discounted menu items, Del Taco swag, and promotional gift cards. THESE PROMOTIONAL ITEMS HAVE NO CASH VALUE AND MAY EXPIRE. THEY ARE NOT "GIFT CARDS" OR "GIFT CERTIFICATES" AND ARE NOT SOLD OR EXCHANGED WITH YOU FOR CONSIDERATION, INCLUDING UNDER CALIFORNIA CIVIL CODE SECTIONS 1749 ET SEQ. AND RELATED STATE AND FEDERAL LAWS.
    The Program is your key to unlocking Del Taco Rewards. Members may receive the following benefits:
    • Special Rewards and Bonus Perks may be awarded at any time, just for being a fan!
    • Online Ordering – Use the Program to save your favorite orders, location and information for quick pick-up service.
    • VIP invitations to participate in our Taste Panels.
    • Try new menu items through Sneak Peek events.
    • Learn about the latest and greatest menu news.

    There is no cost or membership fee to join the Program.


  • ELIGIBILITY

    You may participate in the Program if you: (1) are a legal resident of the United States or Canada; (2) are at least 18 years of age at the time you enroll, you may enroll at 16 with parental permission; and (3) have an active, valid e-mail address. Corporations, partnerships, limited liability companies, or other legal entities may not enroll in the Program.


    Registration & Enrollment

    You may enroll in the Program and create a Del Yeah! Rewards account ("Account") in one of the following ways:
    • Download the Program to your iPhone® or Android™ device. Follow the prompts to create an account and register. This section applies to any version of the Program that you acquire from iTunes or Google Play. Please note that (1) you are responsible for ensuring that your devices are compatible with iTunes or Google Play, and (2) Del Taco (not Apple or Google) is responsible for the Program and the Del Yeah! Rewards.
    • Visit Del Taco’s website at https://deltaco.com/delyeahrewards. Follow the prompts to create an account and register.


    In order to register and participate in the Program, you must provide Del Taco with your name, email address, phone number, date of birth, zip code and, if applicable to your registration, your password. Del Taco may periodically request additional information to help us get to know you better. Your Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one Del Yeah! Rewards Account.
    You are responsible for maintaining the confidentiality of the information you hold for your Account, including your password. You agree to choose a unique and complex password and also agree to not re-use a password that you have already set for another program, website, userID, etc. You agree to notify Del Taco immediately of any unauthorized use of your Account, or any other breach of security. You may be held liable for losses incurred by Del Taco or any other Program user or visitor due to someone else using your Account due to your failure to keep your login information secure and confidential.


  • COMMUNICATING WITH OUR MEMBERS

    As a part of the Program, Del Taco will send you transactional, informational, and promotional messages and/or offers. These communications may be in the form of push notifications through the Program, email, SMS messaging and/or any other ways you select when you enroll in the Program. If your contact information changes, or if you wish to change or update your contact information or the method by which we send you messages, please log into your Account and update your contact information or preferences. You can opt out of receiving these messages at any time by following the instructions in our Privacy Policy. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.


  • EARNING REWARDS POINTS

    Promotional rewards points are awarded for making qualified Del Taco purchases, and are based on the tier a Member is in. For more information on tiers and point awards by tier, please see the Program Tiers section below. To earn points through the Program you can (1) make a qualifying purchase by ordering through the Services while signed into your account, (2) scan your Del Yeah! Rewards app at the register when ordering, or (3) provide the details from your Del Taco receipt online through the webform. Some purchases and transactions do not qualify for earning points, including, but not limited to: purchases of Del Taco gift cards, when placing a group order, tips, delivery fees and sales and other transactional taxes. Points are rounded to the nearest whole point value.
    Points for any qualifying purchase are only awarded to one Del Yeah! Rewards account. Points may take up to 48 hours to appear in your account. If you are refunded for your order, your points will be refunded as well and may be removed from your account. This can cause points to go into a negative balance if you have already spent your previously earned points. Points may also expire.


    Spendable Points vs Qualifying Points

    After completing a purchase as a signed-in Del Yeah! Rewards member, your earned points are added to two areas in your Del Yeah! Rewards account – Spendable Points and Qualifying Points. Whenever Spendable Points are added to your account, you also accumulate the same number of Qualifying Points. The number of points earned per $1 is based on the tier a member is in. For more information on tiers and point awards by tier, please see the "Program Tiers – Qualifying Points" section below.
    Spendable Points: These points can be used to purchase rewards in your account and expire on the 1st day of the third (3) year from when they are earned as long as the account is active (see the "Points Expiration" section below for more information on points expiration) and expire the 1st of the fourth (4) month if account is dormant. Your total available Spendable Points can be found on the Rewards section or in the navigation bar in your Del Yeah! Rewards account. Spending these points will not impact your tier progression.
    Qualifying Points: These points track your tier progress and move you from one tier to the next. They cannot be used to purchase rewards in your account. When you sign up for Del Yeah! Rewards, you will automatically be enrolled in the first tier (Queso). For more information on Qualifying Points needed by tier, please see the "Program Tiers" section below.
    Your total available Qualifying Points can be found in your Rewards screen near the tier name in your Del Yeah! Rewards account. Your tier progress will also be reflected in the progress bar on the Rewards Home Page, which also reflects how many points you need to earn to qualify for the next tier.
    Qualifying points expire after you have been in a tier for six (6) months. The six month timeframe (also known as the "Tier Time") begins the date you enter that tier and continues during the tier time which are January – June and July – December. You will need to earn the requisite amount of qualifying points over the course of the Tier Time to stay in your current tier for the subsequent Tier Time. In other words, at the end of each Tier Time, you will be placed in the tier for which you earned enough points. Only earned points impact your Qualified Point; Spending points over the Tier Time does not diminish your Qualified Point totals. For example, if you sign up for Del Yeah! Rewards on August 15, 2021, you will be entered into tier one (Queso). If you accumulate 500 points by December 30, 2021, you will move up into tier two (Scorcho). Your new Tier Year begins January 1, 2022.


    Points Expiration

    Points will expire on the 1st day of the third (3) year from when they are earned. For example, if you earn 30 points on August 15, 2021, those points expire three years from August 15, 2021. If you stop using your account and your account becomes dormant then your points will expire the 1st day of the following month four (4) months after your last qualifying transaction. When you redeem points for offers, your oldest points are used first. Points will not be added back to your account if you do not use a reward before it expires.


    Program Tiers

    There are four published tiers of participation in the Program, based on points earned. Program participants in the first tier (Queso) earn 8 points for every $1 spent at Del Taco. Participants in tier two (Scorcho) will earn 10 points for every $1 they spend at Del Taco, and participants in tier three (Inferno) will earn 11 points for every $1 they spend at Del Taco. Participants in tier four (Epic) will earn 12 points for every $1 they spend at Del Taco. When you register for Del Yeah! Rewards, you will automatically be enrolled in tier one. In order to move up to the second tier, you will need to earn at least 500 points in a six month earning period. In order to move into tier three, you will need to earn at least 1,500 points in a six month earning period. In order to move up to the fourth tier, you will need to earn at least 3,000 points in a six-month earning period. Earning periods are January – June and July through December. If you qualify for the second, third or fourth tiers, you will be a member of that tier for six months after reaching that tier. You will need to earn the same amount of qualifying points to stay in that tier each six month earning period after you attain that tier. If you do not, you will be placed in the tier you earned enough points to be in after your six month time in that tier ends.


  • REDEEMING POINTS & REWARDS

    As a Del Yeah! Rewards member, you are eligible to redeem points for certain rewards. You must access the "Rewards" section while signed into your Del Taco app or desktop at order.deltaco.com. You must have enough points in your account in order to redeem a reward. If the reward is available for you to purchase with your points, you will click on "Redeem" and select it for use in the "Scan" section. You will present the QR code to the cashier at the time of purchase or click "Order" to apply it to an online order. Once you select an offer to redeem with your points, the offer must be redeemed within 30 days. If the offer is not redeemed within 30 days, it will expire and you will lose the offer and the points.
    Only one Del Yeah! Rewards account may be used per transaction to redeem points for rewards. Only one reward can be applied per transaction and cannot be combined with any other offers, coupons or promo codes.
    Del Yeah! Rewards Members may receive surprise and delight offers throughout the year and bonus offers based on Members’ referrals, purchase history and profile settings. These rewards are subject to their own terms and expiration dates. These offers will be found in the "Offers" section of your account when signed in to the app or online at www.order.deltaco.com.


  • ADDITIONAL REWARDS PROGRAM TERMS

    Del Taco reserves the right to terminate your Account and/or your participation in the Program if we determine in our sole discretion that you have violated these Terms of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Del Taco may, in its sole discretion, suspend, cancel, or combine Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Program. Del Taco reserves the right to terminate an Account if the account has been inactive for Twelve (12) months.
    Del Taco has the right at any time, with or without giving you prior notice, to:
    • Modify, end or cancel the Program and/or any specific Reward;
    • Change any Reward or other Program benefit we offer;
    • Change the requirements for receiving Rewards;
    • Change the time you have in which to use a particular Reward;
    • Change the dollar value amount for points;
    • Change the points required for each tier; and/or
    • Change any other feature of the Program.

    If we end the Program, Rewards and points you have earned but not used will expire on the date the Program ends. You may not redeem any Rewards after the end date of the Program.


  • OUR DISCLAIMER OF WARRANTIES

    THE PROGRAM, CONTENT, AND THE DEL YEAH! REWARDS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND DEL TACO HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, OR SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, DEL TACO DOES NOT GUARANTEE THAT THE PROGRAM OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE PROGRAM OR ANY INFORMATION, PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE PROGRAM MAY BE OUT OF DATE, AND DEL TACO MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


  • LIMITATIONS OF LIABILITY AND WAIVER

    IN NO EVENT SHALL DEL TACO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE DEL YEAH! REWARDS PROGRAM, OR THESE TERMS, WHETHER OR NOT DEL TACO MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
    BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR PROVINCE/TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


  • INDEMNIFICATION

    You agree to indemnify and hold harmless Del Taco from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your participation in the Program, including but not limited to claims arising out of (i) your violation of these Terms of Use; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; (iii) your User Content, including any submissions to a Contest; (iv) any misrepresentation made by you; and (v) Del Taco’s use of your information. You agree to promptly notify Del Taco and cooperate fully with Del Taco in the defense of any claim. Del Taco reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.


  • ELECTRONIC COMMUNICATIONS

    When you visit the Program or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Program. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. You can opt out of receiving such communications at any time by following the instructions in our Privacy Policy. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.


  • INTERNATIONAL USERS

    The Program is controlled, operated, and administered by Del Taco from our offices in the United States of America. We make no representation regarding use of the Program outside of the United States. You may not use the Program or export any portion of it in violation of U.S. export laws and regulations. If you access the Program from locations outside of the United States of America, you understand and consent to the transfer of your personal information to, and the collection, processing and storage of your personal information in, the United States and other countries. The laws in the U.S. regarding personal information may be different and less protective than the laws of your state or country.


  • PRIVACY

    Please review Del Taco’s Privacy Policy located at https://deltaco.com/legal (the "Privacy Policy") to understand Del Taco’s privacy practices. Del Taco’s Privacy Policy is incorporated herein and governs your use of the Program.


  • GOVERNING LAW/VENUE

    For the avoidance of doubt, the Dispute Resolution Policy in the Original Terms apply in full to the Program. Accordingly, by enrolling in the Program, you agree to arbitrate any and all disputes and claims between you and Del Taco arising out of or relating to these Terms of Use, use of the Service, or products, services, or programs you purchase or enroll in via the Services, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. More information regarding the Dispute Resolution Policy, including instructions on how to commence arbitration, can be found in the Original Terms.


  • CONTACT US

    If you have any questions regarding the Program and/or these Terms of Use, you may contact us by visiting our FAQ or making an inquiry at deltaco.com/contactus.
    Copyright © 2021 Del Taco. All rights reserved.