CKE Employee and Franchisee Text Message Program Terms and Conditions

Individuals who opt in to the CKE Employee and Franchisee Text Message Program (“Program”) may receive recurring, autodialed SMS and MMS text messages (“Texts”) that may include information about franchising opportunities, tech support, HR benefits, and other content sent by CKE Restaurants Holdings, Inc. (“CKE,” “we,” “our,” “us”). By signing up to receive Texts, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, and our Privacy Policy, please do not sign up to receive Texts.

General Information

By enrolling to receive Texts, you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (3) you agree to the practices described in these Terms and in our Privacy Policy .

CKE does not charge you for Texts, however, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts. The number of Texts you receive may vary depending on your interactions with us.

You agree to maintain accurate, complete, and up-to-date information with us, including by emailing us immediately at privacy@ckr.com if you cease being the account holder or no longer have the account holder’s permission to receive Texts at the mobile number you enrolled to receive Texts.

Consent to receive marketing Texts is not required as a condition of purchasing any goods or services. You do not have to consent to receive marketing text messages as a condition of purchasing any goods or services.

Autodialer or non-autodialer technology may be used to send the Texts described above to the mobile phone number you enroll. By signing up to receive Texts, you agree to receive Texts via autodialer technology.

You consent to the use of electronic record-keeping to document your consent to receive Texts.

Messaging

To stop receiving Texts, simply respond by texting “STOP” to any Text(s) you have received. Consumers may receive one additional message confirming opt-out. You can also text “HELP” if you need assistance.

CKE does not guarantee availability or performance of text messaging services and is not responsible for delays related to the transmission of Texts or for undelivered Texts.

Compatible Mobile Carriers

Texts may not be available in all areas or supported by all carriers or all devices. Supported carriers include: AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, MetroPCS, and other regional carriers. We may add or remove any wireless carriers from the Program at any time without notice. Check with your carrier for details. Carriers are not liable for delayed or undelivered messages.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE YOUR CLAIM HEARD BY A JURY.

The following terms shall govern all disputes, claims, and causes of action arising out of or relating to Texts and/or the Program (collectively, “Disputes”).

Venue. Any and all Disputes must be resolved exclusively in the state or federal courts in and for Nashville, Tennessee. You consent to the exclusive personal jurisdiction of such courts, and waive any objection based on improper venue or inconvenient forum.

Class Action Waiver. You agree that, to the maximum extent permitted by applicable law, any and all Disputes will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.

Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any Disputes. This means that a judge rather than a jury will decide any Disputes.

Time Limitation. You agree to file any and all Disputes within one year from the date of accrual of a cause of action, and that Disputes filed after this date will be deemed time-barred.

Governing Law

Any disputes arising out of or related to these Terms and/or the Program shall be governed by the laws of the United States and the State of Tennessee, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.

Conflicts

To the extent there exists any conflict between these Terms and any other agreement between you and CKE, these Terms shall control with respect to the Program.

Contact us

You may contact us by emailing privacy@ckr.com.