BREWINGZ Rewards Program Terms & Conditions
Last Updated: September 6, 2023
THESE TERMS AND CONDITIONS (THE “BREWINGZ REWARDS TERMS”) GOVERN THE BREWINGZ REWARDS PROGRAM (THE “PROGRAM”).
Table of Contents
- Deactivate Account; Unsubscribe from Texts and Emails
- Earning Points and Rewards
- Points and Rewards Redemption
- Modification and Termination
- Electric Communications
- SMS Terms
- General Terms and Conditions
- Program Malfunctions and Conduct
- No Warranty; Limitation of Liability
The Program is an electronic rewards program operated by or on behalf of BREWINGZ”. The Program provides eligible BREWINGZ’s account holders who register for the Program through brewingz.com (the “Website”) the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. These BREWINGZ Rewards Terms govern the Program along with any other terms or policies incorporated by reference into these BREWINGZ Rewards Terms. In the event of any conflict or inconsistency between these BREWINGZ Rewards Terms and the terms of any other policies incorporated herein, these BREWINGZ Rewards Terms will prevail, govern, and control with respect to any matters pertaining to the Program and the other policies will prevail, govern, and control with respect to all other matters. Please read these BREWINGZ’s Reward Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these BREWINGZ Rewards Terms. If you do not agree to these BREWINGZ Rewards Terms, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms BREWINGZ or any other person or entity, as determined by BREWINGZ’s in its sole discretion.
The Program is open only to BREWINGZ account holders who are legal residents of the fifty (50) United States and the District of Columbia, who are thirteen (13) years of age or older and who register for the Program through the Website. Minors must have parental consent. Registration is free. Any person whose access to the Website has been terminated or suspended by BREWINGZ is NOT eligible to participate. To participate in the Program, go to the Website and submit the information requested on the registration page and confirm your agreement to these BREWINGZ Rewards Terms. Once you complete and submit all the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. BREWINGZ may, at any time, require you to verify your name and address by means of faxing, emailing, or mailing to BREWINGZ a copy of your driver’s license or other form of identification approved by BREWINGZ, in addition to providing BREWINGZ with a signed statement of legitimacy; and BREWINGZ may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and BREWINGZ may, at its sole discretion, terminate your membership and permanently ban you from participating in the Program. Officers, directors and employees of BREWINGZ and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity,” and collectively, the “Program Entities”) may participate in the Program but are not allowed to earn or redeem Points for Rewards as a course of their employment and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association, or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by BREWINGZ. Participation in the Program constitutes each Member’s permission for the Program Entities to use the Member’s first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
3. DEACTIVATE ACCOUNT; UNSUBSCRIBE FROM EMAILS
To Deactivate or Delete your Account through the Website:
- Go to the “Contact Us” section of the Website.
- Type “Deactivate Account” in the text box, provide the email address and phone number associated with your account
4. EARNING POINTS AND REWARDS
Members have many ways to earn Points and Rewards in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. Some of the ways Members can earn Points and Rewards may include the following (subject to change):
- Signing Up for a Program Account. Members can earn a Reward by completing and submitting their registration information for an Account via theWebsite.
- Purchasing BREWINGZ’s Products at Participating BREWINGZ’s Locations. Members can earn Points by visiting participating BREWINGZ restaurants in the United States and purchasing BREWINGZ products or by placing an order via the Website at participating BREWINGZ retail restaurants in the United States on dine-in, carry-out, or delivery (excluding catering or the purchase of gift cards). Members will receive one (7) “Points” for each U.S. dollar spent on BREWINGZ Products (pre-taxes and fees, after applicable discounts, including Groupon or any other third-party programs, rounded down to the nearest dollar), except during limited time promotions when BREWINGZ may offer “Bonus Points” on featured products and/or services. No partial Points will be earned for purchase amounts less than one (1) U.S. dollar. You cannot earn points on orders placed through third-party delivery providers, such as UberEats or DoorDash. Points can only be earned once in a four (4) hour period. Points are automatically added to a Member’s account when purchase is completed the Website. To earn Points for in-restaurant purchases you can: request the cashier look up your account via the phone number you used to sign up for the Program. Points will be added for in-store and online purchases after 72 hours.
- Referral Points. The Program allows Members to receive Points for referring friends who join the BREWINGZ Rewards Program and start earning points. Referral Points are issued once per referral and only after the referred friend becomes a Member and completes their first purchase.
- Surprise Rewards. The Program might provide Members with the opportunity to earn special surprise Points and/or Rewards.
- Birthday Rewards. The Program might provide Members with a special quantity of Points or a Reward on or around their birthday of record that was provided to BREWINGZ’s during the Account set-up (“Birthday Reward”). Once your birthday is set in your Account profile, it cannot be changed. To receive a Birthday Reward, BREWINGZ’s may require you to have been a Member for a certain amount of time prior to your birthday of record and/or meet certain minimum purchase or Points requirements.
- Opt-in to Promotional Communications. The Program may provide Members with the opportunity to earn Points in exchange for signing up to receive promotional and marketing offers from BREWINGZ’s.
5. POINTS AND REWARDS REDEMPTION
- Members may redeem Points for products, merchandise, and other rewards as determined by BREWINGZ in its sole discretion (each, a “Reward”). Points and/or Rewards may expire if not used by a date specified by BREWINGZ, which may change from time to time as determined by BREWINGZ. For all orders other fees and taxes may be imposed. see the checkout screen on the Website or ask the cashier for amounts and details. You may view your current earned Points or earned Rewards by logging into your Account. BREWINGZ’s, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may earned or redeemed per Account, per day, per Reward or per any other generally-applicable metric that may be selected by BREWINGZ from time to time in its sole discretion. Points are not valid on the same transaction that earned the Points and are valid commencing on the next day’s restaurant visit only as determined by BREWINGZ in its sole discretion.
- BREWINGZ’s reserves the right to remove points from any account that has been inactive for 12 months. Inactivity means failure to log in to your account or failure to redeem any points for 12 months.
- Rewards are subject to availability as determined by BREWINGZ’s in its sole discretion. The expiration date for a Reward may vary for different categories of Rewards. BREWINGZ’s reserves the right to modify, amend or revise the Rewards available. Members may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward, or its redemption may be imposed by BREWINGZ’s or its designee or the third-party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered, or sold in violation of these BREWINGZ Rewards Terms may be confiscated or cancelled. Physical Rewards (if any) will be shipped only to the United States address currently on file with BREWINGZ’s for the applicable Member’s Account and will not be shipped to any other person or address. A pattern of redeeming Points for Rewards preceded or followed by changing the address, email address or telephone number for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. BREWINGZ’s reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards (if any) will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
- All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by BREWINGZ’s in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by BREWINGZ’s in its sole discretion, BREWINGZ’s reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
- Points and Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these BREWINGZ’s Reward Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. If the Program includes tiers that provide the Member with benefits based on meeting a stated minimum threshold number of Points (each tier, if any, referred to as “Points Level”), you should know that Points Levels are subject to change. BREWINGZ, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, or cancel any Points Level. BREWINGZ also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity. Rewards cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Rewards are not available with third-party delivery. Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise, or other item(s) that your Points or Rewards were redeemed toward.
6. MODIFICATION AND TERMINATION
- BREWINGZ may modify any of these BREWINGZ Rewards Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types or “classes” of Points available, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member’s ability to use the Points or Rewards that the Member has already earned. The Program has no predetermined termination date and may continue until such time as BREWINGZ decides to terminate the Program. BREWINGZ may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website or text or via email to the Member’s email address currently on file with BREWINGZ for their Account.
- If BREWINGZ amends these Rewards Terms, it will revise the “last updated” date located at the top of these BREWINGZ Rewards Terms. For changes to these BREWINGZ Rewards Terms that BREWINGZ’s considers to be material, BREWINGZ’s may place a notice in a text link an email or Website by revising the link on the home page to read substantially as “Updated BREWINGZ Rewards Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these BREWINGZ Rewards Terms have been changed, you will be deemed to have read, understood, and unconditionally consented to and agreed to such changes. The most current version of these BREWINGZ Rewards Terms will be available on the Website and will supersede all previous versions of these BREWINGZ Rewards Terms.
- If BREWINGZ decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days, or an amount of time deemed reasonable by BREWINGZ in its sole discretion from the date Program termination is announced to use their remaining Points or Rewards. Use of any remaining Points or Rewards will be on a first come, first serve basis, and otherwise subject to the availability of Rewards. Members may not rely on continued Points or Reward availability. BREWINGZ makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points or Rewards remaining in a Member’s Account at the time of termination will be forfeited and no compensation will be provided. BREWINGZ may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account or suspend your membership privileges at any time with immediate effect if BREWINGZ determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these BREWINGZ Rewards Terms; (d) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage or Points/Rewards redemption; or (e) engaged in any conduct or act that causes BREWINGZ to terminate or suspend your access to your Account. BREWINGZ may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these BREWINGZ Rewards Terms shall limit BREWINGZ in its exercise of any legal or equitable rights or remedies.
- BREWINGZ reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for twelve (12) months or with such regularity deemed sufficient by BREWINGZ and announced from time to time on the Website. BREWINGZ in its sole discretion may allow Members to prevent their Points from expiring by following BREWINGZ instructions.
7. ELECTRONIC COMMUNICATIONS
When you visit the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices by text. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these BREWINGZ Rewards Terms. We reserve the right to send you emails for administrative purposes even if you opt out of these communications. If you consented to receive SMS messages sent to your mobile phone, then you will receive marketing and transactional messages sent via auto dialer. You are not required to consent to receive these messages to receive the goods and services associated with the Program, however earning points or redemption may be delayed or interrupted without delivery of text messages. Message and data rates may apply to your receipt of these SMS messages. You may opt out of receiving SMS messages or emails at any time, however in doing so earning points or redemption may be delayed or interrupted without delivery of text messages.
8. SMS TERMS
When you provide us with your mobile number and sign-up to receive Program-related SMS messages from us, you are expressly consenting to receive via auto dialing equipment text messages from us to the mobile number you provided when you created an Account. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS messages from us to participate in the Program. Message and data rates may apply for any text messages sent to you from us and to us from you. Neither BREWINGZ nor carriers are liable for delayed or undelivered messages. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may start to restart text message. For additional support, please use the Contact Us link on the Website. We may send you a final text to confirm your opt-out.
9. GENERAL TERMS AND CONDITIONS
ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND REWARDS ARE CREDITS THAT BREWINGZ’S MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact BREWINGZ to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and should such an attempt be made, BREWINGZ reserves the right to seek damages from any such person to the fullest extent permitted by law. BREWINGZ failure to enforce any of these BREWINGZ Rewards Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points or Rewards, or a Member’s compliance with these BREWINGZ Rewards Terms will be resolved by BREWINGZ in its sole discretion.
10. PROGRAM MALFUNCTIONS AND CONDUCT
- The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of BREWINGZ which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, BREWINGZ reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as BREWINGZ deems appropriate. In the event BREWINGZ is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within BREWINGZ control (each a “Force Majeure” event or occurrence), BREWINGZ shall have the right to modify, suspend, or terminate the Program, in whole or in part.
11. NO WARRANTY; LIMITATION OF LIABILITY
- This Program and Website are provided on an “AS IS” basis and without warranty, guaranty, or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. BREWINGZ is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Reward. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member’s Account by any third party.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT BREWINGZ’S HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.”
If any provision of these BREWINGZ Rewards Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these BREWINGZ Rewards Terms, which will otherwise remain in full force and effect.