HABIT BURGER & GRILL

“HABIT HOUR” OFFER

TERMS AND CONDITIONS

 

NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED BY LAW. LIMIT: ONE (1) BOX PER PERSON PER OFFER DAY ACROSS ALL PARTICIPATING RESTAURANTS.

1. OFFER PERIOD AND HOW TO RECEIVE A FREE GOTTA HABIT DIPPING TRIO BOX: The Habit Burger & Grill “Habit Hour” offer (the “Offer”) begins October 26, 2026 and ends November 4, 2026 (the “Offer Period”). During each of the ten (10) consecutive days of the Offer Period (each, an “Offer Day”), The Habit Restaurants, LLC (“Sponsor”) will designate one (1) sixty (60)-minute period (each, a “Habit Hour”) during which eligible customers may receive one (1) complimentary Gotta Habit Dipping Trio Box (a “Box”) at participating Habit Burger & Grill restaurants in the United States (each, a “Participating Restaurant”).

Each day’s Habit Hour will begin simultaneously at all Participating Restaurants, although the corresponding local start and end times will vary based on each restaurant’s time zone and applicable daylight saving time rules. For example, a Habit Hour beginning at 1:00 p.m. Pacific Time will begin at 4:00 p.m. Eastern Time. For purposes of these Terms and Conditions (“Terms”), an Offer Day refers to the day associated with Sponsor’s announced Habit Hour, including where the local calendar date differs because of time zones.

Sponsor plans to announce each day’s designated Habit Hour, including the applicable start time and reference time zone, approximately one (1) hour in advance through its official social media channels, including @habitburgerandgrill. MyHabit loyalty members who have enabled push notifications may receive advance notice approximately 120 to 135 minutes before Habit Hour. Participating Restaurants may also display in-store promotional messages when Habit Hour begins.

Announcements may be distributed nationwide, including to individuals who are not located near a Participating Restaurant. Receipt of an announcement or notification does not establish that a particular restaurant participates or guarantee that a Box will be available. Sponsor does not guarantee delivery of any particular announcement or notification.

To receive a Box, an eligible customer must place an order in person with a restaurant team member at an attended in-store register during Habit Hour. The order must be accepted to qualify.

Only Habit Burger & Grill restaurants listed at https://www.habitburger.com/habit-hour participate in the Offer. Individuals should check restaurant hours before visiting.

2. BOX OPTIONS: During Habit Hour, eligible customers may select one (1) of the following Gotta Habit Dipping Trio Boxes, subject to availability:

• (a) BBQ Dipping Trio Box: One (1) burger cut into two dippable halves, featuring American cheese, pickles, mayonnaise, BBQ sauce, and crispy onion tanglers.
• (b) Ranch Dipping Trio Box: One (1) burger cut into two dippable halves, featuring American cheese, pickles, chunky avocado, and house-made ranch.
• (c) Spicy Dipping Trio Box: One (1) burger cut into two dippable halves, featuring white American cheese, pickles, pickled jalapeños, and creamy spicy mayonnaise.

Each Box is served in Habit’s signature CharBox and includes the selected burger, dipping sauce, five (5) crispy chicken bites, one (1) small side, and one (1) regular drink. Approximate retail value: $10.00 each.

A maximum of fifty (50) Boxes will be available at each Participating Restaurant during each Offer Day’s Habit Hour, on a first-come, first-served basis, while supplies last. The Offer at a Participating Restaurant ends when the designated Habit Hour expires, or that restaurant’s fifty (50) Boxes have been allocated, whichever occurs first.

Orders placed through drive-thru, self-service kiosks, the Habit Burger & Grill website or mobile app, delivery services, or third-party ordering platforms are ineligible. No advance orders, holds, or retroactive redemptions are permitted. Qualifying orders accepted during Habit Hour may be fulfilled afterward.

Boxes are not transferable and may not be sold, auctioned, bartered, or exchanged. No cash value or cash back for any reason. All redemptions are final, subject to applicable law. The Offer cannot be combined with other coupons, discounts, rewards, or promotional offers to obtain additional or enhanced Boxes. No substitutions, upgrades, add-ons, or alternative menu items are included unless permitted by Sponsor. Optional purchases are subject to regular menu prices and applicable taxes.

No rain checks, vouchers, credits, refunds, or replacement offers will be provided once the daily allocation is exhausted or the applicable Habit Hour has ended, except as required by law.

3. ELIGIBILITY: The Offer is open to individuals who are legal residents of the fifty (50) United States or the District of Columbia, are eighteen (18) years of age or older, are physically present at a Participating Restaurant during the applicable Habit Hour, and otherwise satisfy these Terms.

Employees, officers, and directors of Sponsor and its parent companies, subsidiaries, and affiliates; employees, officers, and directors of Habit Burger & Grill restaurants, whether company-operated or franchised; and employees, officers, and directors of advertising and promotional agencies associated with this Offer, together with members of their immediate families (spouse, siblings, parents, children, and their respective spouses) and persons residing in the same household (whether or not related), are not eligible to redeem the Offer.

No groups, clubs, corporations, companies, partnerships, or organizations may participate in the Offer on behalf of their members or obtain Boxes for resale or commercial distribution. The Offer is subject to all applicable federal, state, and local laws and regulations.

4. ADMINISTRATION: Sponsor expressly reserves the right to administer the Offer and resolve questions relating to eligibility, these Terms, and other matters concerning the Offer. Sponsor’s determinations will be made reasonably and in good faith, subject to applicable law.

Sponsor reserves the right to amend, suspend, postpone, or terminate this Offer or an affected restaurant’s participation to the extent permitted by applicable law if circumstances beyond Sponsor’s reasonable control materially interfere with the safe, lawful, or proper operation of the Offer. Such circumstances may include emergencies, natural disasters, severe weather, governmental orders, unexpected restaurant closures, material supply interruptions, equipment failures, fraud, tampering, or other operational disruptions. Sponsor will provide reasonably conspicuous notice of material changes where practicable. Qualifying orders already accepted will be honored unless fulfillment becomes unlawful or impossible, subject to applicable law.

Participating Restaurants reserve the right to deny a free Box to any person they reasonably believe has previously redeemed the Offer on the same Offer Day, failed to satisfy the eligibility or ordering requirements, attempted to circumvent the one-per-person, or fifty (50)-Box limitations, engaged in fraudulent activity, or otherwise materially violated these Terms.

5. RELEASE AND WAIVER OF LIABILITY: By requesting or redeeming this Offer, individuals agree, to the fullest extent permitted by applicable law and only to the extent a legally enforceable agreement has been formed, to release, defend, indemnify, and hold harmless Sponsor, participating restaurant operators, franchisees, and their respective parent corporations, subsidiaries, advertising and promotional agencies, affiliates, directors, officers, employees, representatives, agents, successors, and assigns (collectively, the “Released Parties”) from and against claims, demands, liabilities, actions, injuries, damages, losses, costs, and expenses arising out of or relating to (i) participation or attempted participation in the Offer; (ii) the receipt, possession, consumption, use, or misuse of a Box; or (iii) travel to or from a Participating Restaurant or other activities undertaken in connection with the Offer.

Any obligation of an individual to defend or indemnify a Released Party applies only to the extent permitted by applicable law and only with respect to third-party claims directly arising from that individual’s fraud, intentional misconduct, unlawful conduct, or material violation of these Terms. No individual is required to indemnify a Released Party for the Released Party’s own negligence, misconduct, or violation of applicable law.

6. CONSTRUCTION; DISPUTES: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of an individual or Sponsor in connection with this Offer, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to choice-of-law or conflict-of-law provisions that would require application of another jurisdiction’s law, except to the extent applicable law provides nonwaivable protections.

To the fullest extent permitted by applicable law, and only where a legally enforceable agreement to such terms has been formed, the parties agree that disputes, claims, and causes of action arising out of or connected with the Offer or any Box shall be resolved individually, without resort to any form of class, collective, or representative action or proceeding, except where such a restriction is prohibited by applicable law.

To the extent a valid and enforceable forum-selection agreement has been formed, any court proceeding arising out of or connected with the Offer that is not subject to a binding arbitration agreement shall be brought in an appropriate state or federal court located in Orange County, California, except where applicable law requires or permits a different forum that cannot contractually be excluded. Nothing in these Terms waives access to a small claims court, governmental authority, or other forum or remedy that cannot lawfully be waived.

7. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ONLY TO THE EXTENT AN ENFORCEABLE LIMITATION APPLIES, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE OFFER OR REDEMPTION OF A BOX, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, OR ANOTHER LEGAL THEORY, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE RELEASED PARTIES WERE ADVISED OF THEIR POSSIBILITY.

To the extent permitted by applicable law and where a legally enforceable agreement to such limitations has been formed, any recoverable damages shall be limited to actual, documented out-of-pocket losses or expenses, except where applicable law provides otherwise. These limitations do not restrict statutory damages, statutory attorneys’ fees, injunctive relief, personal-injury claims, or other remedies that cannot lawfully be excluded or limited.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Sponsor and the Released Parties are not responsible, to the extent permitted by applicable law, for an individual’s inability to receive a Box solely because properly disclosed and lawfully administered eligibility requirements, participating-location restrictions, time limitations, or quantity limitations were applied. Transportation, parking, mobile-service, and other voluntary incidental costs incurred in attempting to participate are the responsibility of the individual, except as otherwise required by law.

Nothing in these Terms excludes or limits liability for misleading advertising, failure to honor an accepted qualifying order, negligent food preparation where liability cannot lawfully be limited, fraud, willful misconduct, or any other right, liability, or remedy that cannot lawfully be excluded or limited.

8. ONLINE TERMS: Sponsor is not responsible, to the extent permitted by applicable law, for technical, hardware, or software malfunctions; lost or unavailable network connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; or other interruptions or failures involving websites, mobile applications, social media platforms, mobile devices, telecommunications providers, or internet service providers that interfere with the announcement or administration of the Offer, in each case to the extent resulting from circumstances beyond Sponsor’s reasonable control.

No loyalty-account registration, mobile-app download, or submission of information through an online promotional entry form is necessary to request or receive a Box. Any personal information lawfully processed in connection with existing MyHabit accounts, promotional notifications, customer-service inquiries, or suspected misuse of the Offer will be handled in accordance with applicable law and Sponsor’s Privacy Policy, available at https://privacy.habitburger.com/policies.

Use of the Habit Burger & Grill website, mobile application, MyHabit loyalty program, and other digital services remains subject to the applicable Habit Burger & Grill Terms of Use at https://www.habitburger.com/terms-conditions/ to the extent those terms are binding on the particular individual.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain effective to the extent permitted by applicable law. Sponsor’s failure to enforce any provision in a particular instance shall not constitute a waiver of its right to enforce that provision subsequently.

9. SPONSOR: The Habit Restaurants, LLC, 1 Glen Bell Way, Irvine, California 92618.