Big Boy

MY FRISCH'S PROGRAM TERMS AND CONDITIONS

The My Frisch's Program (the “Program”) is a customer recognition program that rewards registered Frisch's customers (“Members”) for dining with us. Registration, membership, and all related benefits of the Program, including the use of our MyFrischs.com website or Frisch's mobile application, are offered to you by Frisch's at its discretion. Your participation in this Program is subject to these Terms & Conditions (these “Terms”).

Frisch's restaurants are owned and operated either by Frisch's or by independent franchisees licensed to operate Frisch's restaurants. Throughout these Terms, we make reference to Frisch's, our, we or us, which shall refer to Frisch's Restaurants, Inc. and its licensed franchisees and/or our affiliated companies, as the case may be. The Program is restricted to participating Frisch's Big Boy restaurants located within the States of Ohio, Indiana and Kentucky (“Participating Restaurants”).

Frisch's reserves the right to terminate or change the Program, including these Terms, at any time without notice. Be sure to check these Terms periodically for updates, as your continued participation in the Program signifies your acceptance of these Terms and any changed items.

Eligibility and Registration

To participate in the Program you need to be a Member. There are two easy steps to becoming a Member. First, you need to obtain a Member card. Member cards may be obtained at any of our Participating Restaurants. Once you have a Member card, you must register your Member card online at www.MyFrischs.com. You will be asked to provide certain identifying information, including your email address and telephone number. You will also be asked to create an account with a personal login ID and password. 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 account) of any changes.

Membership begins upon activation of your account, which in most cases will be within 24 hours from the time you complete your online registration. Upon successful enrollment, you will be assigned an account number. To earn, simply provide your Member card or the phone number you used to create your account when paying for your next meal at any Participating Restaurant. A registered Member card may be required to be presented to earn/receive rewards. Information about current promotions, program benefits, rewards and updates will be sent, from time to time, to the valid email address you provided when registering your account, and may also be available by logging in to your account at MyFrischs.com.

To register in the Program you must be a legal resident of the 50 United States (excluding U.S. territories), have a valid email address and telephone number. You must also be at least 13 years of age as of the date of registration. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Program. Employees of Frisch's and its affiliates and subsidiaries, and others who are eligible for employee-based discounts or benefits are not eligible to participate in the Program. Your membership is nontransferable.

The Program is subject to cancellation or modification at any time without notice.

Once You're Registered

With the Program you will be able to earn certain rewards, which may not be identified to you in advance, for qualifying purchases made at Participating Restaurants. Rewards are issued by Frisch's on a periodic basis. Number, type and frequency of rewards are based upon a number of factors, each subject to change, including without limitation, volume and type of purchases at Participating Restaurants, Member card usage, type and amount of personal information provided (for example, email address), and type and amount of participation in and/or interaction with other Frisch's programs and/or applications (for example, surveys).

You will earn rewards when your balance reaches a certain reward threshold level. You can view your balance and check for any earned rewards by logging in to your account at MyFrischs.com or our mobile application. If you have earned a reward, you may claim it by simply presenting your Member card or providing your registered telephone number when paying at the register during your next visit at a Participating Restaurant.

Your reward will expire if not used at a Participating Restaurant within 21 days from the date it is issued. Your reward may not be used towards payment of tax or tip or for the purchase of Frisch's gift cards. Rewards have no cash value, are not for resale and no change will be given for reward redemption. A reward is for one-time redemption only.

Rewards may not be used in conjunction with other coupons, promotions or discounts. Frisch's reserves the right to substitute a reward of equal or greater value for any reason. Frisch's reward levels offered are subject to additions, modifications, inclusion/exclusion changes and eliminations. Void where prohibited.

Privacy Policy

Information you submit will be used as described in the Program's Privacy Policy, which is located at MyFrischs.com/PrivacyPage. By participating in the Program, you are agreeing that we may use your information as described in the Program's Privacy Policy. You are also agreeing to review these Terms and the Privacy Policy regularly so that you can make informed decisions about 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 may be disclosed at the time of the offering. Our website and mobile application may also 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 purchases of food and beverages at Participating Restaurants. For more information about what types of purchases do not count toward rewards, see the paragraph entitled “Non-Qualifying Purchases" below. To receive credit for a qualifying purchase you must identify yourself as a Member either by presenting your Member card or providing your registered telephone number when paying at the register during your visits at any Participating Restaurant.

The Program is an email-based program. Member benefits, promotions, Program updates, and account-based operational messages will be communicated to Members via email. Members may choose to opt out of receiving emails from the Program. By choosing to opt out, a Member will not receive Program information by mail/e-mail, including notification of earned rewards; will be excluded from Frisch's general mailing lists; will not be automatically entered in sweepstakes by using a Member card; and may not receive certain legal notices.

During an ongoing promotion, your account may contain a summary of your purchase balance, listing the amount of points or credits you have spent in qualifying purchases during a promotion. We will credit your account with the amounts of qualifying purchases only after the Participating Restaurant processes the account associated with the purchase. We are not responsible for any delay or failure to record purchases to your account.

Some of our 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 and associated points 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 you agree to accept responsibility for the activities of anyone using your account's login ID and 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, or gratuities added to the food and beverage charge. Certain items may be excluded from credit in a particular promotion. Purchases of Frisch's gift cards will not count as qualifying purchases to earn rewards. 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, or gratuities. We reserve the right at any time to limit Program enrollment, or to establish different levels of Program participation or targeted offers that may result in promotions that are not available to all Members. We may discontinue your membership and void or cancel your account and any associated points, credits or rewards 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 in violation of 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 account. You cannot participate in the Program on behalf of other Members or non-members. Only one Member card per person. Two or more Members cannot combine or merge accounts for any reason. An individual Member that has multiple accounts can request that their accounts be merged. An individual Member should only have one account.

A Member card has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through internet auction sites. Member card may be presented in connection with Frisch's carry out and drive thru purchases. Unless otherwise identified, a reward will consist of the single serving size of the item noted. In the event of any discrepancy, Frisch's determination of the size of the reward shall be final.

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. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Rewards may be transferred only through reward transfer program(s) (if any) made available by Frisch's through your account.

Program Termination or Modification

You may terminate your participation in the Program by canceling your membership at any time by unsubscribing at MyFrischs.com, or by discontinuing your use of the Program Member card. We may discontinue your membership and void or cancel your account and any associated points, credits or rewards 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 in violation of these Terms. Frisch's reserves the right to seek all remedies available at law and in equity for violations of any of these Terms, including suspending or blocking access to your membership card.

Cancellation may take up to 10 business days to finalize. During that period, you may receive previously scheduled account or promotional emails. You will forfeit your entitlement to any Program points, credits or rewards immediately upon de-activation or termination of your membership.

If you do not make a qualifying purchase during a period greater than 12 months, your account balance may be reduced to zero and you may forfeit any Member participation points or credits you had accumulated. 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 points or credit, such as qualifying purchase credit, in any respect; (c) modify or change redemption procedures, including the amount of participation points or credit required for particular rewards; (d) modify, limit or suspend the collection of participation points or credit, including but not limited to imposing time limits and changes in participation values. We may make these changes even though the changes may affect the value of Member participation points or 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 cancel your account (and forfeit any unused participation points, credits and/or rewards).

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 participating 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 by engaging in conduct that is detrimental to us, including without limitation: 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 email, by updating personal information on our digital or mobile application. You agree that your participation in the Program is entirely at your own risk.

LIMITATION OF LIABILITY AND CLAIMS AGAINST FRISCH'S

Frisch's, its affiliates, our/their franchisees, and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Frisch's does not represent or warrant that Member cards will always be accessible or accepted.

In the event that Frisch's, its affiliates, our/their franchisees, and/or suppliers are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed $100. Frisch's and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Frisch's or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of your Program account or Frisch's Member card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

These Program Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Ohio without reference to its conflict of law principles.

Contact Us

Please notify us immediately of a lost or stolen Member card, if you need to update or verify your personal information, or to remove your personal information from our active database (this will be completed as soon as reasonably possible, unless we need to retain information for dispute resolution, troubleshooting and other valid legal or business reasons. Please note that we will not remove your historical usage information), by contacting one of our customer representatives at 1-800-873-3633; by visiting MyFrischs.com/CustomerHelp and clicking on the Virtual Comment Card; or by writing to us at Customer Service, Frisch's Restaurants, Inc., 2800 Gilbert Avenue, Cincinnati, Ohio 45206.

Other Terms

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 points, credits and/or 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 these Terms shall remain in full force and effect.