Last Updated: February 26, 2025
Portillo’s Hot Dogs, LLC (“Portillo’s,” “we,” or “us”) welcomes you to use our websites (“Websites”), mobile application (“App”), Text Program, Portillo’s account, Portillo’s Perks and its Terms and Conditions, third party messaging platforms, ordering and online services or programs including but not limited to self-service devices at our restaurants (i.e. kiosks), restaurants, and other related services, benefits and tools (collectively "Services"). Before you use Portillo’s Services, create an account, download the App, or use any other tools, please read the following rules and understand that when you use the Services, it means that you agree to follow the guidelines and conditions outlined below (the "Terms of Use"), and that the Terms of Use are a legal and binding agreement between you and Portillo’s.
By accessing or using the Services, you agree that you have read and accept these Terms of Use (including the Text (SMS) Messaging Terms below and the Privacy Policy and Portillo’s Perks Terms & Conditions (as applicable) all of which are incorporated herein (and may be referred to collectively as the “Portillo’s Terms”), and you voluntarily consent to the collection and use of your information described herein and in the Privacy Policy. Use of the Services, even if you disagree with or do not understand these Terms of Use, nonetheless constitutes acceptance of these Terms of Use, the Privacy Policy, and Portillo’s Perks Terms & Conditions (as applicable). Do not use the Services if you do not agree to be bound by these Terms of Use, the Privacy Policy, and Portillo’s Perks Terms & Conditions (as applicable) (collectively may be referred to as the “Portillo’s Terms”).
ARBITRATION NOTICE: BY USING OUR SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND PORTILLO’S ARISING OR RELATING TO THE SERVICES OR ANY ELEMENT THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
MODIFICATIONS TO TERMS OF USE
From time to time, these Terms of Use or any element thereof may change in Portillo’s sole discretion, and any changes are effective immediately when posted on the Websites. Your continued use of the Services indicates your acceptance of the revised Terms of Use. You should periodically review the Terms of Use to stay informed as to any revisions that may be applicable to your use of the Services.
ELIGIBILITY
All legal residents of the 50 United States of America and Washington, D.C. who are 16 years of age or older may open a Portillo’s account. Portillo’s accounts are intended for personal use only. Commercial use is prohibited. Portillo’s accounts are not targeted toward, nor intended for use by, anyone under the age of 13. The parent or legal guardian may add their child between the ages of 13 and 15 to their account, and in doing so agrees to be bound by the Portillo’s Terms.
PRIVACY POLICY
Your privacy is important to us. The information we collect about you is subject to our Privacy Policy, the terms of which constitute part of these Terms of Use and are incorporated herein. We encourage you to read our Privacy Policy to become familiar with its terms.
YOUR USE OF SERVICES
Portillo’s grants you permission to use the Services in compliance with these Terms of Use for your own personal, noncommercial purposes only. You have no right, title, or interest in any Services, Trademarks (defined below), Portillo’s Content (defined below), or materials you download from the Websites. You may NOT reproduce, create derivatives, distribute, change, display, re-create, publish, re-post, transmit or sell the Services or any materials contained therein without the prior written permission of Portillo’s, which permission may be withheld in Portillo’s sole discretion. Any unauthorized use of the Services may violate these Terms of Use and result, among other things, in you no longer being permitted to use the Services.
You will have to create an account in order to access some features of the Services. When creating an account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account, and you must keep your account password secure. You may never use another’s account without permission. Portillo’s will not be liable for any losses caused directly or indirectly by any unauthorized use of your account, but you may be liable for Portillo’s or others losses due to such unauthorized use.
You may not or attempt in any way to use any hardware or software intended to damage or interfere with the proper working of the Services or to surreptitiously intercept any system, data or personal information from the Services. You agree not to interrupt or attempt to interrupt the operation of the Services in any way. You understand that engaging in this or any similar behavior may subject you to criminal and/or civil liability without limitation. Portillo’s reserves the right, in its sole discretion, to limit or terminate your access to or use of the Services at any time for any reason without notice, and Portillo’s will have no liability for such decision. Termination of your access or use will not waive or affect any other right or relief to which Portillo’s or any of its affiliates may be entitled at law or in equity.
PORTILLO’S PROPERTY
The Services contain many valuable intellectual property including all patents, copyrights and trademarks owned, licensed and used by Portillo’s (collectively referred to as “Trademarks”). These Trademarks distinguish Portillo’s amazing products and Services. The Trademarks, and all photographs, illustrations, designs, icons, logos, text, graphics, and html code and all other similar materials and content contained on this Website, in the App, and throughout the Services are the exclusive property of Portillo’s (“Portillo’s Content”). Portillo’s Content is protected from reproduction and simulation under several international, federal, state, and local laws (“Laws”) and, except where otherwise noted, is not to be used, copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without Portillo’s prior express written consent, which may be withheld in its discretion. Any unauthorized use of the Portillo’s Content, may violate without limitation all applicable Laws, these Terms of Use, as well as laws of privacy and publicity, and communications regulations and statutes.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed through the Services, please notify Portillo’s immediately at the following address: 2001 Spring Road, Suite 400, Oak Brook, IL 60523. Attention: Legal Department.
YOUR COMMUNICATIONS WITH PORTILLO’S
Portillo’s appreciates appropriate feedback from our guests and visitors who use our Services. Please be aware that anything you transmit or post, including but not limited to suggestions, know-how, techniques, concepts, ideas, promotion, sweepstakes, contest entries, and other submissions (collectively “Comments”), become the sole property of Portillo’s. Portillo’s (and its authorized third parties) are free to use or not to use the Comments for any purpose whatsoever and we may use them in modified, altered, condensed or composite format in whole or in part, and without any compensation or attribution to you. Submission of any such Comments constitutes your consent to all such use. Except as governed by our Privacy Policy, any Comments, communication or material you transmit to Portillo’s by electronic mail or otherwise, including any data, questions or answers, comments, and suggestions is, and will be treated as, non-confidential and non-proprietary. You represent that Comments you submit to Portillo’s do not contain libelous, unlawful, abusive, or obscene material, and any use of Comments by Portillo’s or any other party as provided herein will not give rise to any third party claim including, but not limited to infringement of an intellectual property or proprietary right or invasion of privacy or publicity. You agree that you are solely and completely responsible for any Comments you submit and all content therein, and agree to release, indemnify and hold us harmless therefrom.
DISCLAIMER
Portillo’s strives to make sure the information provided related to the Services is accurate and complete, but sometimes errors may occur. Your use and browsing of the Services is at your own risk. We make no representations or warranties that your use of the Services or any third party websites or links from our Services will allow you to obtain any particular results whatsoever.
THE PORTILLO’S WEBSITES, SERVICES AND ALL PORTILLO’S CONTENT THEREIN ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND PORTILLO’S HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PORTILLO’S DOES NOT GUARANTEE THAT ITS WEBSITES, SERVICES 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 WARRANT YOUR SATISFACTION WITH OUR WEBSITES, SERVICES OR CONTENT, AND DO NOT WARRANT OR REPRESENT COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF ANY OF THE AFOREMENTIONED, AND PORTILLO’S MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE ANY OF THE AFOREMENTIONED. THE FOREGOING DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Portillo’s and all of its affiliates, providers, officers, directors, members, employees, and agents from and against any and all alleged or actual claims, suits, demands, proceedings, damages, losses, costs (including reasonable attorney’s fees), liabilities, costs, fees and expenses arising at any time directly or indirectly out of or from your breach of any of these Terms of Use, or any other Portillo’s Terms, any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, your use of (or inability to use) the Portillo’s Services your use or submission of any Content or Comments, and your (or any other persons) use of any other materials, content, features, or services made available through the Services.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PORTILLO’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PORTILLO’S SERVICES, WEBSITES, CONTENT, COMMENTS OR ANY OF THE PORTILLO’S TERMS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN OR USING ANY OF THE PORTILLO’S SERVICES, WEBSITES, ACCOUNTS, THE PORTILLO’S TERMS, CARDS AND/OR ANY REWARD, YOU AGREE THAT PORTILLO’S HAS NO RESPONSIBILITY OR LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY EXPENSE, FEES (INCLUDING ATTORNEY FEES), LOSS, COST, INJURY, DAMAGE, LIABIITIES OR ANY OTHER MATTER OR THING WHATSOEVER, HOWEVER SUFFERED OR CAUSED AT ANY TIME, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO ANY OF THE AFOREMENTIONED.
THE FOREGOING DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN THAT EVENT, PORTILLO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED $100.
HYPERLINKS
The Services may link to websites and content not maintained or related to Portillo’s. Portillo’s has not reviewed all of the websites that have linked themselves to the Services and is not responsible for the contents of any non-Portillo’s pages, websites, or any other sites linked to the Services. The inclusion of any link to such websites does not imply that Portillo’s endorses or supports the websites. Clicking or accessing any other off-site pages or other websites is at your own risk. Portillo’s does not allow the unauthorized use of its logos, trademarks, or other graphics to create links to third party sites.
Text (SMS) Messaging Terms
Portillo’s may offer programs that involve the use of text messaging (either sending or receiving) to communicate with you, including but not limited to sending you promotional and marketing text communications, including texts relating to Portillo’s Perks™, from Portillo’s (collectively “Text Program”). To participate in the Text Program you must be the mobile phone account holder and at least 16 years of age or have a parent or guardian’s permission in order to participate. We may amend the Text SMS Messaging Terms and modify or cancel our Text Program or any of the respective terms, short codes, or features without notice.
If you would like to voluntarily participate in any of our Text Program, then you must opt-in to receive text messages. You may need to confirm your consent by following the instructions contained in an initial text message we send. If you opt-in to our Text Program, Portillo’s may provide communications regarding promotional offers, Portillo’s Perks including participation milestones, Badges and Rewards, and related offers and promotions in connection with Portillo’s Perks, restaurant openings, new menu items, or other offers or promotions, including for marketing purposes, with messages through your wireless provider to the mobile phone number you provide. By opting-in you expressly acknowledge and agree that you are voluntarily consenting to receive text messages from Portillo’s and its respective service providers (which may vary depending on the applicable Text Program) in connection with our Text Program to which you opt-in.
You may obtain help or opt out of our Text Program by (i) texting the keyword HELP to the short code 47102 for help, or contact Portillo’s Guest Services at 866-YUM-BEEF or https://www.portillos.com/contactus, or (ii) to opt-out text the keyword STOP to the short code 47102 to cancel. After texting STOP, you will receive one additional message confirming that your request has been processed.
Portillo’s does not charge for its Text Program, but you are responsible for all charges and fees associated with text messaging that may be imposed by your mobile operator/carrier. Standard message and data rates may apply. You can expect to receive recurring autodialed marketing messages from Portillo’s and its service providers. Message frequency will vary.
Portillo’s reserves the right to remove you from our Text Program and database at our discretion. In the event that you change or deactivate your mobile number it is your responsibility to notify Portillo’s Guest Services at guestservices@portillos.com to have your number removed. Portillo’s will not be liable for any delays in the receipt of any text messages or undelivered messages, or any violations of law caused by a carrier network failure or malfunction. Our carrier policies require that we specify that our carrier, also, will not be liable for any delays in the receipt of any text messages or undelivered messages.
Data obtained from you in connection with the Text Program may include your cell phone number, your carrier's name, the date, time and content of your messages and other information you provide to Portillo’s as part of the Services. We may use this information to contact you and to provide the services you request from us, and as further described in Portillo’s Privacy Policy.
These Text (SMS) Messaging Terms do not apply to order delivery notifications from delivery drivers, including when using a third-party delivery service.
IN ADDITION TO ANY LIMITATIONS ON OUR LIABILITY AS SET FORTH IN THE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PORTILLO’S IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH ANY TEXT PROGRAM, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR TEXT PROGRAM.
Nationwide Shipping Provisions
Portillo’s may make available to you the opportunity to ship our craveable food using our Nationwide Shipping program where available. These Terms of Use apply equally to Nationwide Shipping, as do the following additional terms:
- Taxes and Shipping
You shall be responsible for the payment of all sales, use, and similar taxes, and shipping and handling charges relating to the purchase of products from Portillo's Nationwide Shipping site.
- Order Cancellations
Orders may only be canceled at least two (2) business days prior to the ship date, or will be deemed non-cancelable. Please contact us by phone at (866) YUM-BEEF at least two (2) business days prior to the ship date to cancel an order. All cancellation requests must include the billing name and order number. Although we will make every effort to process your cancellation request, an order cannot be cancelled less than 2 business days prior to the ship date, or once it has been prepared for shipment or sent out for delivery.
All orders are final sale and no refunds will be given, unless an item arrives damaged or spoiled, or is cancelled as set forth above. If an item arrives damaged or spoiled, please reach out to our team at (866) YUM-BEEF or fill out our contact form within 14 days of delivery and we will make things right.
- Delivery Dates
The delivery of Nationwide Shipping items is handled by FedEx. Since delivery may be affected by weather or labor conditions beyond FedEx’s control, neither FedEx nor Portillo’s can guarantee delivery dates. Portillo’s has no liability for damages or delays caused by FedEx.
ONLINE ORDERS (ON WEBSITES AND APP)
Portillo’s may make available to you the opportunity to place an online order through the Services (via Website or App). These Terms of Use apply to orders placed online. Minimum order amount subtotals may apply and delivery is subject to availability . In addition, there may be limits on the dollar value and number of orders that may be placed using the Services. Discounts, coupons and other offers may not be able to be combined with online ordering. Any applicable delivery fees, taxes and other amounts due in connection with the Services will be identified when the order is placed. You are responsible for providing billing information and a valid payment method allowed by the Services when placing an order. Portillo’s collects and uses such information in accordance with Portillo’s Privacy Policy. The Portillo’s restaurant identified when you place your online order is responsible for fulfilling your order and for any questions or other communications regarding your order. Availability of merchandise and menu items may vary by participating location.
PORTILLO’S GIFT CARDS & PROMOTIONAL CARDS
Portillo’s Gift Cards and promotional cards are issued by PHD Card Services, LLC, a Florida limited liability company and affiliate of Portillo’s, and their use are subject to the terms and conditions of such issuer. PHD Card Services, LLC is authorized to issue Portillo’s Gift Cards (and promotional cards) for sale by and redemption at participating Portillo’s restaurants in the United States. PHD Card Services, LLC is solely responsible for the operation and maintenance of Portillo’s gift card program (including promotional cards), and PHD Card Services, LLC is the sole legal obligor for all gift cards and promotional cards. Portillo’s and its affiliates (other than PHD Card Services, LLC) have no liability, responsibility, or obligation for any Portillo’s gift cards or promotional cards. In addition to the indemnity obligations below, you knowingly release and hold harmless Portillo’s and its affiliates (other than PHD Card Services, LLC) from and against any and all liability or claims of any nature whatsoever arising in connection with Portillo’s gift cards or promotional cards.
TERMINATION AND REMEDIES
Portillo’s reserves the right to refuse to provide the Services to any person, and to terminate any user’s right to access the Services at any time, in our sole discretion, without prior notice. If you violate any of the Terms of Use, your permission to use the Services automatically terminates. You agree that Portillo’s will not be liable to you or any third party for termination of your access to the Services as a result of any violation of these Terms of Use.
GOVERNING LAW AND JURISDICTION
These Terms of Use are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Use, Perks Terms, and any other Portillo’s Terms, or the rights and obligations of you or Portillo’s in connection with your use of the Services or participation (or inability to participate) in any activity or benefit provided by the Services, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to conflicts of laws.
You agree that any action of whatever nature arising from or relating to these Terms of Use, the Services, or any other Portillo’s Terms, which is not subject to Dispute Resolution, Arbitration Clause, and Class Action Waiver section set forth below, will be filed only in the state courts located in DuPage County, Illinois, or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms of Use will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have a disagreement with Portillo’s arising out of, connected to, or in any way related to these Terms of Use, the Services or any of the other Portillo’s terms, you will send a written notice to Portillo’s setting forth the specific details of the disagreement (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms of Use. You must send the Demand to the following address (the “Notice Address”): Portillo’s Hot Dogs, LLC, Attn: General Counsel, 2001 Spring Road, Suite 400, Oak Brook, IL 60523. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 60 calendar days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 60 calendar days after it is received, you agree that your sole legal recourse will be to file a demand for arbitration with the American Arbitration Association (the “Arbitrator”).
As a condition of using or participating in the Services, to the fullest extent permitted by law, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with the Services and these Terms of Use, and any other of the Portillo’s Terms shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one person binding arbitration using AAA or other agreed upon arbitration service located in or near Oak Brook, IL having jurisdiction. Under no circumstances will you be permitted to obtain awards for, and you waive all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
GENERAL PROVISIONS
Your access and use of the Services is subject to the above Terms of Use (including the Privacy Policy) and other applicable Portillo’s Terms. By accessing, browsing, participating and/or using the Services or any element thereof, you accept, without limitation or qualification, these Terms of Use, the Portillo’s Terms and Privacy Policy, and acknowledge that any of the Terms (as may be amended from time to time) constitute the entire agreement with respect to your use of the Services, and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Portillo’s with respect to the Services.
Portillo’s is not responsible for any failures or delays arising from any telephone, wireless or network carrier or operator or other service provider, Website users, human error, tampering, hacking, artifice, or for any failure of the equipment or programming associated with or utilized by the Services or any element thereof and we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of any information, nor for the failure to capture data, materials, Comments or other information at any time in connection with the Services or any element thereof.
Any failure by Portillo’s to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be construed in accordance with applicable law to the greatest extent possible, and the remainder of the provisions shall remain in full force and effect.
Any failure by Portillo’s to provide any part of the Services, including but not limited to an inability to comply with these Terms of Use due to or by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, supply chain issues, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any kind, epidemic or pandemic, or any similar or dissimilar event beyond Portillo’s reasonable control.
The headings in these Terms of Use are for your convenience and reference. These headings do not limit or affect this agreement.