BJ's Premier Rewards Loyalty Program Rules
PILOT PROGRAM FOR OREGON AND WASHINGTON GUESTS
Terms and Conditions
Effective Date: October 20, 2016
These Terms and Conditions (collectively, the “Pilot Terms”) govern all access to and participation in the BJ’s Premier Rewards Pilot Program (the “Pilot”), a promotional program sponsored by BJ’s Restaurants, Inc.
(“BJ’s”, “we” and “us”) and offered as a benefit to our Oregon and Washington guests (as defined below) who are enrolled in the Pilot (each, a “Member” or “you”). Please read these Pilot Terms carefully.
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE PILOT TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PILOT MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 8 BELOW.
We are offering the Pilot only to our Oregon and Washington guests—specifically, our guests who specify (or who have previously specified) a BJ’s restaurant in Oregon or Washington as their “Most Visited BJ’s Location” when registering either for the Pilot or for our existing BJ’s Premier Rewards Program (the “Current Program”). We are offering the Pilot to such guests to test the logistics and specifics of a possible update to our Current Program, which update we may determine to roll out nationwide following this Pilot. Please note that we reserve the right to cancel the Pilot at any time and/or not proceed with an update to our Current Program, for any or no reason.
- Oregon and Washington Guests: If you are a member of our Current Program and have specified a BJ’s restaurant in Oregon or Washington as your “Most Visited BJ’s Location,”you are automatically enrolled in this Pilot. Any Oregon or Washington guest who is not a member of our Current Program may register for this Pilot while it is underway, including through the Pilot registration page available here: www.bjspremierrewards.com. At the conclusion of this Pilot, all points earned under the Pilot that are not paid out as Rewards (defined below) during the Pilot will either be (i) rolled over to your account under the update to our Current Program (if we determine to roll out nationwide an update to our Current Program following the Pilot), or (ii) deposited into your account under the Current Program at the rate of 1.5 points for every 1 point remaining in your account from the Pilot (if we determine not to roll out nationwide any update to our Current Program following the Pilot), all as more fully set forth in Section 5 below.
- Guests Outside of Oregon and Washington:If you are not an Oregon or Washington guest, the Current Program and the terms and conditions applicable thereto (available here) will continue to govern your access to and participation in the Current Program while this Pilot is underway and unless and until we determine to roll out any update to our Current Program following this Pilot.
1.1 To be eligible to participate in the Pilot, you must be an individual and 18 years of age or older. In addition, you must specify a BJ’s restaurant in Oregon or Washington as your “Most Visited BJ’s Location” when registering for the Pilot (or have specified such a restaurant when previously registering for our Current Program). Corporations, charities, associations or other entities may not participate in the Pilot.
1.2 BJ’s reserves the right to approve, deny or revoke your membership in the Pilot at any time, for any or no reason, in our sole discretion.
1.3 There is no fee to sign up for the Pilot (but, as set forth below, qualifying purchases are required in order to earn points and Rewards under the Pilot).
- Earning Points.
2.1 You will earn points in the Pilot at the rate of 1 point for each $1.00 that you spend on (i) food and beverages (excluding taxes, gratuities, gift cards, and alcohol) at any of our restaurants nationwide—specifically, any BJ’s Restaurant & Brewery®, BJ’s Restaurant & Brewhouse®, BJ’s Pizza & Grill® or BJ’s Grill® (each, a “BJ’s restaurant”) or (ii) merchandise items in the “BJ’s Gifts & Gear” section of our website or at any BJ’s restaurant (excluding taxes, delivery fees and gift cards). Qualifying purchases at BJ’s restaurants include dine-in, take-out and curbside purchases, as well as purchases made by you directly from BJ’s for delivery by BJ’s (where available), but exclude any purchases of BJ’s products ordered through a third-party vendor for delivery by that vendor. Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
2.2 Points will not be earned on the dollar amounts of taxes and gratuities, or on purchases of gift cards or alcohol. Also, on any purchase with a discount, points will be earned on the qualifying purchase amount after deducting the discount.
2.3 Points earned on each transaction will be based on rounding the qualifying amount of the purchase (i.e., excluding discounts, taxes, gratuities, gift cards, and alcohol) to the nearest whole number. For example, a $34.49 qualifying purchase amount will be rounded down to 34 points while a $34.50 qualifying purchase amount will be rounded up to 35 points.
2.4 For points to be recognized as earned (and added to your account) for a qualifying transaction at a BJ’s restaurant, you must do one of the following:
- place your order via our website or mobile app after inputting your account number prior to making payment;
- provide your server, hospitality desk team member, or take-out team member with your account number or the phone number linked to your account;
- have your server, hospitality desk team member, or take-out team member read the bar code on our app on your mobile phone (if available); or
- within thirty (30) days following the transaction, go to the “Add My Points” option on our website and input the receipt number and other required information for the transaction.
2.5 For points to be recognized as earned (and added to your account) for purchases of qualifying merchandise on our website, you must input your account number, or phone number linked to your account, during checkout.
2.6 Points earned on a qualifying transaction at a BJ’s restaurant will generally show up in your account as soon as you have completed the transaction (if you have provided your server with the information noted above), or within 24 hours of your “Add My Points” request at www.bjspremierrewards.com. Points earned on a purchase of qualifying merchandise on our website will typically be posted to your account within 72 hours of the transaction.
2.7 You will not earn points on purchases made by any other person. Any points sought to be added to your account from purchases by others (except as set forth in Section 2.8) will be subject to removal from your account (and may result in all points then in your account being forfeited, and your account being terminated), in BJ’s sole discretion. You will not earn points on any purchases you make at a BJ’s restaurant unless you are a member of the Pilot (or our Current Program, as applicable).
2.8 You may transfer any of the points in your account to other Pilot members at any time (but not any Rewards you may receive under the Pilot). To transfer points to another Pilot member, visit www.bjspremierrewards.com and select “Gift Your Points.” Enter the other Pilot member’s last name and either phone number or member ID to transfer points to that member’s account. If you transfer points in your account to another Pilot member, you acknowledge that you are giving away that designated number of points, and that the Rewards the recipient will receive from such points are not transferable (to you or any other person). Please note that because a Reward is issued for every 100 points that you earn in the Pilot (as set forth below), you will only have up to 99 points available to transfer at any point in time.
2.9 Points under the Pilot have no cash value.
3.1 All points in your Pilot account will expire if you do not make a qualifying purchase within 365 days of the date of your last purchase.
3.2 All points in your account will immediately expire if BJ’s revokes your membership, in our sole discretion.
3.3 Points obtained through special promotional offers may have additional limitations. Any such limitations will be described in the special promotional offer.
3.4 Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of the Pilot, may be deleted by BJ’s in our sole discretion.
4.1 For every 100 points that you earn in the Pilot, you will automatically be issued a non-transferable reward for $10 off a qualifying purchase at a BJ’s restaurant located in Oregon or Washington (each, a “Reward”), and such points will be deducted from your point balance. We will send you an email to your registered email address when each Reward is issued to you.
4.2 Each Reward will generally show up in your account within three (3) business days after the associated 100 points is earned.
4.3 If you earn 200 or more points in one transaction, multiple Rewards will be issued simultaneously. (For example, if you earn 300 points in one visit to a BJ’s restaurant, you will be issued three (3) $10 off Rewards at once in exchange for those 300 points.)
4.4 Each Reward will expire 90 days after the date of issuance.
4.5 Rewards earned under the Pilot may only be used at BJ’s restaurants located in Oregon or Washington.
4.6 If you are a Pilot member with points in your account under our Current Program, you may elect to convert all such points to this Pilot. If you make that election, the entire balance of points in your Current Program account will be converted, and you will automatically be issued a $10 off Reward for each 100 such points. Rewards issued on points converted from your Current Program account will be valid only at BJ’s restaurants located in Oregon or Washington; however, you will have 365 days to use such Rewards. If you do not elect to convert the points in your Current Program account to this Pilot, you may redeem such points instead when you visit any BJ’s restaurants (including any BJ’s restaurant located outside of Oregon and Washington), at the lower rates under our Current Program: $5 off for 75 points; a free Pizookie for 100 points; $10 off for 150 points; and $25 off for 350 points.
4.7 Rewards may only be used on a purchase costing more than the total amount of the Reward(s) being redeemed, after deducting all amounts for discounts, taxes, gratuities, gift cards, and alcohol. Taxes will be charged on the non-discounted purchase price.
4.8 Rewards are not transferable. Rewards issued to you may only be redeemed by you.
4.9 There is no limit on the number of Rewards that you may redeem for any one transaction, so long as the amount of the qualifying purchase (after deducting all amounts for discounts, taxes, gratuities, gift cards, and alcohol) exceeds the total amount of the Rewards sought to be redeemed. (For example, to redeem five “$10 off” Rewards in one transaction, the net amount of the qualifying purchase must be $50 or more.)
4.10 BJ’s reserves the right, in our sole discretion, and on a prospective basis only, to modify the Rewards issued under the Pilot, or to substitute alternative rewards of comparable value, at any time and without notice.
4.11 No cash back will be paid on any Reward (unless otherwise required by law).
4.12 4.12 From time to time, we may offer special promotional rewards. These special rewards may be only available in certain areas or at certain BJ’s restaurants and may have different expiration periods or other terms than the standard $10 off Rewards issued under the Pilot.
- Conclusion or Termination of the Pilot.
5.1 BJ’s reserves the right to terminate the Pilot at any time and without notice to you, in our sole discretion.
5.2 When the Pilot concludes or is otherwise terminated, all points in your account as of that date will either be (i) rolled over to your account under the update to our Current Program (if we determine to roll out nationwide an update to our Current Program following the Pilot), or (ii) deposited into your account under the Current Program at the rate of 1.5 points for every one (1) point then remaining in your account from the Pilot (if we determine not to roll out nationwide any update to our Current Program following the Pilot).
- Marketing Communications.
6.1 Email Messages: When you enroll in the Pilot, you are required to provide BJ’s with your email address (along with other information, such as your address, phone number, and food preferences), which we will use to send you information about the Pilot (including periodic updates about the Pilot), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at www.bjspremierrewards.com. You may opt out of receiving marketing emails from BJ’s at any time by doing one of the following: (i) emailing us at BJsRewards@BJsRestaurants.com and requesting to be removed from our email marketing distribution list, (ii) adjusting your preferences after signing into your account online at www.bjspremierrewards.com, or (iii) following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize BJ’s, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.
6.2 Text Meassages: You may elect to receive text messages from BJ’s when you enroll in the Pilot, or later by adjusting your preferences after signing into your account online at www.bjspremierrewards.com. By agreeing to receive text messages, you authorized BJ’s, our subsidiaries and other affiliates, and third-party contractors to send you text messages about the Pilot, and other promotional offers (such as special deals), to the mobile phone number that you designate. These may include pre-recorded or autodialed messages. Standard text message service charges apply. You are not required to agree to receive text messages as part of the Pilot. You can unsubscribe to our text messaging service by texting “Stop” to us at any time. If you unsubscribe, you agree that BJ’s may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.
- Applicable Law
Any dispute, claim, or cause of action arising from this Pilot or these Pilot Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law.
- Dispute Resolution; Class Action Waiver.
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE PILOT.
8.1 For any Dispute you have with BJ’s (including any BJ’s restaurant) or the Pilot, you agree to first contact us at firstname.lastname@example.org or (714) 500-2664, and to attempt to resolve such Dispute with us informally.
8.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
8.3 You and BJ’s agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
8.4 This provision will survive termination of the Pilot or these Pilot Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
- Disclaimers and Limitations of Liability.
9.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PILOT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND BJ’S DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S DOES NOT WARRANT THAT THE PILOT, OR ANY APPLICATIONS THROUGH WHICH THE PILOT IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PILOT OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND BJ’S FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN THE PILOT OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
9.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PILOT OR ANY OTHER MATTER RELATED TO THE PILOT, EVEN IF BJ’S OR A BJ’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PILOT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PILOT.
11.1 All Federal, State or other tax liabilities (if any) arising from your access to or participation in the Pilot are your responsibility.
11.2 Nothing in these Pilot Terms will limit BJ’s from exercising any legal rights or remedies that we may have.
If you have any questions about the Pilot, you may contact us at BJ’s Restaurants Premier Rewards Pilot Program, 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647 or email@example.com.