BBQ Chicken

BB.Q Chicken Gift Card Terms & Conditions

Effective July 1^st, 2023.

The following BB.Q Gift Card Terms and Conditions (the “Agreement”) describes the terms and conditions that apply to your purchase, acceptance, and use of any BB.Q Gift Card. The BB.Q Gift Card can come in two forms: (i) a physical card; and (ii) a digital form. In this Agreement, the term “Gift Card” may be used interchangeably to refer to both the physical version and the digital form of the BB.Q Gift Card, except where indicated otherwise. This Agreement is between you and BBDOTQ USA, Inc. (“we” or “us”).

By purchasing, accepting, or using the Gift Card, and in consideration for your right to use the Gift Card, which consideration, you acknowledge is sufficient for the purposes of this Agreement, you agree to be bound by this Agreement. “BB.Q Chicken” collectively refers to: (i) participating restaurants branded as ‘BB.Q Chicken’ owned, operated, or franchised by us solely in the United States (the “Participating Restaurants”), and (ii) www.bbqchicken.com, mobile applications, and other digital properties owned and operated by us, branded as ‘BB.Q Chicken,’ and offering for sale BB.Q Chicken products fulfilled by Participating Restaurants (excluding, without limitation, third party delivery service applications such as Uber Eats, Grubhub and DoorDash). If you do not agree with this Agreement, please do not purchase, use, or accept the Gift Card.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW, REQUIRES THE EXCLUSIVE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING FROM PURCHASE, REDEMPTION, OR USE OF THE GIFT CARD. THIS MEANS THAT YOU AND WE EACH WAIVE THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Use of Gift Card

The Gift Card may only be used for purchases at BB.Q Chicken in the United States.
While most of BB.Q Chicken restaurant locations in the U.S. accept the Gift Card for payment, we cannot guarantee acceptance at all restaurants. To verify acceptance at a particular restaurant, please ask the restaurant prior to placing your order or call ahead.
It is important that you track the Gift Card balance. Except as otherwise set forth in this Agreement or on a Gift Card, you may check the balance of your Gift Card by speaking to a cashier at Participating Restaurants or by visiting https://wwws-usa1.givex.com/cws4.0/bbq_chicken/. The balance you observe is an estimate only that may be impacted by any delay of or update to information, and such balance may be adjusted based upon corrected or updated information.
Your balance on Gift Cards is not reloadable.

Restrictions

The Gift Card is not returnable, refundable, or redeemable for cash or credit, unless required by law.
Resale of the Gift Card is prohibited.
The Gift Card may be used for purchases not exceeding the available balance on the Gift Card, which available balance is reduced by the amount of each purchase(s) BB.Q Chicken and by other deductions, if any, that may be required by law. If you desire to use the Gift Card for a purchase exceeding the available balance on the Gift Card, you must combine the Gift Card with an additional payment from another funding source such as cash, credit card, or a separate Gift Card. We are not responsible or obligated to complete a purchase if you do not have sufficient funds on your Gift Card to facilitate the intended transaction; any balance must be paid by you to complete the purchase.
The Gift Card may not be used toward gratuity, or to buy the Gift Cards; third-party gift cards or gift certificates; coupons; money; virtual currency; bullion; precious metals; or other third-party things or services of value. The Gift Card has no use except for purchases at BB.Q Chicken and is not refundable except as required by law.
The Gift Card may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you are seeking to order Gift Cards in bulk (i.e., more than 30 gift cards or other business-to-business purchases), please email customerservice@bbdotqusa.com and we will contact you to discuss the purchase, use, and distribution of such Gift Cards. The maximum amount of any Gift Card sold by us as contemplated in this Section 5 is $500.
No more than a total of three (3) Gift Cards may be redeemed per transaction at BB.Q Chicken.
The minimum amount of any Gift Card sold by BB.Q Chicken is $25. Except for Gift Cards sold pursuant to Section 5 above, you may not purchase Gift Cards totaling an aggregate value exceeding $300 and the maximum amount of any Gift Card sold by BB.Q Chicken is $300.
By purchasing or redeeming a Gift Card, you certify and represent that the activities in connection with which the Gift Card is used will comply with this Agreement and all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or to us. In addition, you agree to defend and indemnify us and our respective officers, directors, employees, representatives, and agents and their successors and assigns from and against any claims, expenses, or liabilities made against or incurred in connection with your use of the Gift Card or violation of any of the terms under this Agreement.
Use of our name, logo, trade dress (including any image/likeness of the cards), or trademarks generally or in connection with the use, redemption, or purchase of a Gift Card is strictly prohibited; no intellectual property assignment is conferred by purchase, use, or acceptance of the Gift Card. The use of Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, us is prohibited and will be rejected.
Gift Cards are not usable or redeemable outside the United States and may only be used at BB.Q Chicken.

Expiration; Fraud

The Gift Card does not expire. No inactivity, service or any other fees will be charged. However, we reserve the right to refuse to honor any Gift Card in the event of a disputed credit card charge, dishonored check or if BB.Q Chicken reasonably believes the use is unauthorized or unlawful.
We are not responsible for any unauthorized sale of Gift Cards, nor are we responsible for any third-party fraud or unlawful activity associated with any Gift Card. If we discover any Gift Card was sourced or derived through fraud or other unlawful or unauthorized means, we may, in its sole discretion, cancel all impacted Gift Cards and retain all related Gift Card balances without notice to you. We may use retained Gift Card balances to help offset its liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase Gift Cards.

Unauthorized Transactions/Lost, Damaged or Stolen Cards.

You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized. You should, therefore, safeguard your Gift Card and not disclose your Gift Card information to anyone.
The remaining balance on lost, stolen or damaged cards will be replaced only if an original proof of purchase is provided for the purchase. Please contact customerservice@bbdotqusa.com or call 201-921-2615 immediately to freeze your Gift Card balance. Then submit a request for replacement of a lost, stolen or damaged card via customerservice@bbdotqusa.com, along with your proof of purchase.
We are not responsible for any unauthorized use of your Gift Card before your account balance is frozen. If you submit a proper request for replacement, a new Gift Card will be issued to you in the amount remaining at the time your balance was frozen. Replacement Cards may be issued in a digital form at BB.Q Chicken’s discretion.

Disclaimer of Warranties; Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, PROMISES, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. USE OF THE GIFT CARD DOES NOT CONVEY ANY PROMISE AS TO THE EXTENT TO WHICH YOU ENJOY OR ARE PLEASED WITH BB.Q CHICKEN PRODUCTS OR SERVICES AND WE MAKE NO REPRESENTATIONS ABOUT YOUR ENJOYMENT OR USE OF ANY PRODUCTS OR SERVICES.
YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED OR RESULTING FROM THE USE OF THE GIFT CARD INCLUDING, BUT NOT EXCLUSIVE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR REDEMPTION OF THE GIFT CARD AND THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A DESIRED PURCHASE OR TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY OR TIMELY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD AT THE TIME OF THE OCCURRENCE FOR WHICH WE ARE FOUND LIABLE.

General Terms

You should protect the Gift Card like cash. Lost, stolen, or damaged Gift Cards are not refundable and will not be replaced, except as may be required by law.
We reserve the right to correct the Gift Card balance if we believe that a clerical, billing, or accounting error has occurred. You also agree that we may deactivate, cancel, or suspend any Gift Card and suspend any associated Gift Card funds if we suspect fraud, unlawful activity, or improper Gift Card use. You agree that You will not use a revoked Gift Card.
The Gift Card is not a credit, debit, or charge card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it. No implied warranties attach to the Gift Card.
The Gift Card is issued and administered by Givex Corporation (www.givex.com), which reserves the right to change the terms of the BB.Q Chicken Gift Card program or amend the terms of this Agreement at any time without notice or to contract with a third party to administer the BB.Q Chicken Gift Card program. The terms of this Agreement may be amended at our unilateral discretion and any amendment to this Agreement will be effective as of the effective date set forth in such amendment posted on bbqchicken.com/terms-and-conditions.
We may assign this Agreement at any time without notice to you. However, if we assign this Agreement, the terms of this Agreement will remain substantially the same unless you are notified.

Disputes & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This arbitration provision provides that You and We waive any right to file a lawsuit in court or participate in a class action for matters within its terms.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR ITS EQUIVALENT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY BB.Q CHICKEN), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND US ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. A DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS & CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO RELEASE AND GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate, such JAMS arbitration administered by the JAMS office in New York, New York. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The prevailing party in any such arbitration shall be entitled to recover the party’s legal fees, costs, and disbursements in any arbitration as allowed by the JAMS rules.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is necessary. Any in-person appearances will be held at the JAMS office in New York, New York. The arbitrator will follow this Agreement as if it is a contract between the parties, and the arbitrator’s award will be final and binding. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they may seek relief for You.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER OF OUR CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A DIRECT AND NAMED PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE ANY OTHER PERSON’S CLAIM, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CAN NOT BE SEVERED. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND MAY BE SEVERED ONLY BY A COURT OF COMPETENT JURISDICTION AND PURSUANT TO APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

This arbitration provision shall survive any termination of this Agreement. Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.

Applicable Law

The law applicable to the interpretation and construction of this Agreement in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

Inquiries or Questions

If you have any questions regarding this Agreement, your Gift Card, or our Privacy Policy, please contact customerservice@bbdotqusa.com.

bb.q Chicken Membership Rewards Program Terms & Conditions

Effective April 02 , 2024

1. Overview

The following bb.q Chicken Membership Rewards Program Terms and Conditions (the “Agreement”) describes the terms and conditions that apply to the bb.q Chicken Membership Rewards Program (the “Program”). By becoming a Program member (“you” or “Member”), you agree to this Agreement as well as the terms governing the use of bb.q Chicken’s website and mobile app (the “App”), collectively referred to as the “Terms.” This Agreement is made between bb.q Chicken (the “Company”) and you. If you do not agree to these terms, you should uninstall the App immediately. These Terms contain disclaimers and other provisions that limit our liability to you. These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services or otherwise.

To become a Member, you may be required to provide the following information to the Company: your name, email address, phone number, date of birth, residential zip code and password. You may also provide the Company with your physical address, telephone number, credit or gift card number and security code, communications preferences, transaction information, and access to your camera and photos as further discussed below. All information submitted is subject to the Company’s Privacy Policy and to the Privacy Policy of the company that hosts the Program. For California residents, CCPA-related terms shall apply. By downloading, installing, accessing or using the App, you consent to all actions that the Company take with respect to your data consistent with the Company’s Privacy Policy located at https://bbqchicken.com/privacy-policy.

Members can earn points for qualifying purchases made through the App’s mobile ordering system, online order on www.bbqchicken.com, or in-store by providing their account- linked telephone number at checkout. You can redeem your Program points for rewards in the form of specific menu items during future purchases (“Rewards”).

The Program is valid only in the forty eight (48) United States (excluding Hawaii and Washington), and void where prohibited or restricted. The Company reserves the right to modify or terminate the Program at any time, including changing or terminating the number and type of Rewards offered to Members, at its sole discretion.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW, REQUIRES THE EXCLUSIVE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING FROM THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY. THIS MEANS THAT YOU AGREE TO WAIVE THE RIGHT TO SUE THE COMPANY IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

2. Program Membership

a. Eligibility

You must be at least the age of 13 to access and use the App. If you are between the ages of 13 and 18, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by Terms. Certain aspects of the Terms may be only available to those who are at least 18 years of age. Membership is limited to one account per individual. Accounts are personal and cannot be sold, transferred, assigned or shared with family, friends or others. To become a member of the Program, you first must create an account in the App or at https://my.spendgo.com/index.html#/register/bbqchicken. Accounts are free.

b. Account Responsibility

The Company is not responsible for use of a Member’s account, nor for redemption of a Member’s points. It is the Member’s responsibility to manage unauthorized use or redemption of points by family, friends or other individuals. In the event the Member’s account is stolen, the account is used or the points are redeemed, the Member must inform the Company, and the Company will investigate the report and determine in the Company’s sole discretion what remedy, if any, may be available. Members are responsible for keeping their contact and other information current and accurate, and maintaining the security of their accounts by not sharing their passwords with others and restricting access to their accounts. The Company is not responsible for communications failures or other problems caused by out-of-date or inaccurate information in a Member’s account.

c. Preferred Method of Communication; Member Privacy

Members may be asked from time to time to submit information about themselves to enable the Company to verify eligibility and/or provide more personalized offers and experience. All information submitted is subject to the Company’s Privacy Policy and the privacy policy of the company that hosts the Program. Program-related communications to Members may include in-App messaging, email, SMS text messaging, and push notifications. Members will be given the ability to opt into each method of communication, except in-App messaging which is automatic and non-optional for App users. You may change your communication preferences in your account settings in your App or at https://my.spendgo.com/index.html#/register/bbqchicken. Changes to push notification preferences must be made within the settings function of your smartphone.

Any exercise of Member privacy rights, including without limitation, opting out from our promotional emails, will not limit your Program benefits. Please note that if you are a California consumer and submit a CCPA-related deletion request, we will ask you if you want to terminate your Membership (and account) or to retain your Membership. If you choose to retain your Membership, the Company will continue to use your personal information to provide the Program and related services or as otherwise permitted by applicable law.

d. Cancellation

(a) By Member. You may cancel your Program membership at any time by contacting us at Customerservice@bbdotqusa.com. Upon cancellation, any unused points and/or Rewards accrued in your account will be forfeited and cannot be redeemed.

(b) By the Company. The Company reserves the right to cancel any Member’s account at any time (i) if such Member violates these Terms, engages in fraudulent conduct, or otherwise abuses the Rewards program, as determined in the Company’s sole discretion, or (ii) if the account has been inactive for a period of twelve (12) months or more. “Inactive” means failing to make an eligible points-earning purchase, either in the App, on the website, or in a restaurant by submitting the telephone number linked to your Account.

(c) Effect of Termination. If an account becomes terminated by either the Company or the Member, all previously earned points and/or unused Rewards automatically terminate and become null and void. The Company has no obligation to and shall not compensate you for any unredeemed points, Rewards, or other benefits of the Program following cancellation. Subsequent re-enrollment by the same Member will be at a zero-point balance. the Company reserves the right to refuse re-enrollment to any terminated Member based on previous fraudulent, abusive, or otherwise inappropriate behavior, as determined by the Company in its sole discretion.

3. Points and Membership Tiers

a. General

Members can earn points on the amounts they spend on qualifying purchases via mobile order in the App, via online order on the Company’s website at www.bbqchicken.com, and submitting the telephone number linked to your Account during checkout when making purchases at participating bb.q Chicken restaurants. Points for any qualifying purchase can only be credited to one account. No splitting of orders or points. The benefits available to a Member through the Program are based on Membership Tier and the number of points that the Member receives through participation in the Program.

The basic earning rates for each Membership Tier are available here: https://bbqchicken.com/rewards/. Basic tiered Members earn one hundred (100) points for every one (1) dollar spent on the purchase of qualifying products in qualifying transactions at participating restaurants. Purchase amounts are rounded down to the cent increment. For example, a qualifying purchase of $15.48 will earn 1,500 points and a qualifying purchase of $8.79 will earn 800 points. Generally, points are automatically added to a Member’s Program account within 24 hours after completion of the qualifying purchase, though a Member should allow up to two (2) weeks for posting of points. Point balances are visible via the Member’s account at https://my.spendgo.com/index.html#/register/bbqchicken or on the Program app.

b. Membership Tiers

Each Member will be assigned a member tier status: Basic, Intermediate, Advanced, or Premium (each, a “Membership Tier”) based on the number of Points that Member receives in his or her account each year from that Member’s qualifying purchases and participation in other activities and opportunities during that year. Each Member’s Membership Tier will be renewed to start from the Basic on the first day of January each year. Details regarding the Membership Tiers are available at: https://bbqchicken.com/rewards/

c. Exclusions

Points cannot be earned on purchases made through third-party delivery services, aggregators, groups, organizations, and business entities (DoorDash, GrubHub, UberEats, etc.). Points will not be earned for any amounts paid in delivery fees, small order fees, surcharges, gratuity, sales, use or other transactional taxes. The Company may exclude any menu items from counting as qualifying purchases by disclosing at the point of purchase that such items are excluded. All purchases made by a Member prior to joining the Program are not eligible for points.

d. Cancellation and Refunds

If you cancel an order for which you earned points, or have such an order refunded, any points associated with that order will be deducted from your Program account. This can cause a Member to have a negative points balance.

e. Points Disputes

If you believe that a purchase should have resulted in the addition of points to your account, and such points are not posted to your account within two (2) weeks after the purchase (“Points Dispute”), please notify us immediately at Customerservice@bbdotqusa.com. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within sixty (60) days of the purchase. If you do not notify us within sixty (60) days, you will have waived your right to make a Points Dispute with respect to that purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the Points Dispute. If we do not receive the requested written confirmation at the address and within the time requested, the Company may determine in the Company’s sole discretion not to investigate your Points Dispute. Upon completion of our investigation and our resolution of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.

f. Points Expiration

No points will expire as long as the Membership remains active. No credit or cash will be given for unused or expired points.

4. Redeeming Points

a. General

Points earned by a Member may be used to claim Rewards in the App or at https://bbqchicken.order.online/online-ordering/business/82085. All Rewards are in the form of menu items or designated discounts on future purchases. The Rewards available at any given time can be viewed in the App or at https://my.spendgo.com/index.html#/register/bbqchicken. Rewards are subject to change or removal at any time in the Company’s sole discretion.

b. Claiming a Reward in Your Account

To claim an available Reward, you must have in your Program account at least the number of valid and unexpired points required for the desired Reward. Points will be subtracted from your account immediately when a Reward is claimed. Your oldest available points will be subtracted first. All Reward claims are final. No returns or refunds of points used to claim a Reward. In addition to these Terms, each reward is subject to terms and conditions as stated on the specific Reward. Points accumulated on different Member accounts may not be combined or aggregated to claim Rewards.

c. Redeeming a Reward

To redeem a Reward on a purchase, you must either present the valid Reward on the App at a participating bb.q Chicken restaurant when paying for your order (for in-person transactions), or be logged into your Member account and follow the instructions to apply your Reward to a purchase (for in-App or website transactions). The value of the Reward you redeem is applied as a discount proportionally across all items in the order for which you use the Reward, based on menu prices applicable at the restaurant where you redeem the Reward. You are responsible for applicable sales tax, which may vary based on the item(s) in your total order. Limit one Reward redemption per transaction. A Reward for the value of free menu item can be redeemed with no additional purchase required. Some offers may not be exercised in combination with redeeming Rewards.

d. Restrictions and Exclusions

A Reward for the value of a specific menu item can be redeemed only when the specific menu item is available at the participating restaurant where you seek to redeem the Reward. If a menu item is discontinued or unavailable at a participating restaurant, the holder of a valid Reward for the value of the menu item may be allowed to redeem the Reward for an alternate menu item of equal or lesser value, as determined by the Company or its franchisees in their sole discretion.

e. Expiration

Rewards expire thirty (30) days from the date they are claimed, unless otherwise noted in the terms and conditions of the Reward. If you do not use your Reward prior to its scheduled expiration, you will not be refunded the points used to claim the Reward. All Reward claims are final.

5. General Provisions

a. Disputes and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS ARBITRATION PROVISION PROVIDES THAT YOU AND WE WAIVE ANY RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION FOR MATTERS WITHIN ITS TERMS.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR ITS EQUIVALENT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY BB.Q CHICKEN), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND US ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. A DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS & CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO RELEASE AND GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate, such JAMS arbitration administered by the JAMS office in New York, New York. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/Opens in a new window. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/Opens in a new window. The prevailing party in any such arbitration shall be entitled to recover the party’s legal fees, costs, and disbursements in any arbitration as allowed by the JAMS rules.

This arbitration provision shall survive any termination of this Agreement. Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.

b. Disclaimer of Warranties; Limitation of Liability

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND OREGANO’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. THE COMPANY (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, NOR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER MATTER RELATED TO THE PROGRAM, EVEN IF THE COMPANY OR ANY OF ITS MEMBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM.

THE COMPANY DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE PROGRAM, INCLUDING THE APP AND ANY OTHER APPLICATIONS OR WEBSITES THROUGH WHICH THE PROGRAM IS PROVIDED, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

Applicable law may not allow some or all of the above disclaimers, exclusions or limitations of liability for damages. If applicable law does not allow all or any part of the above disclaimers, exclusions or limitations of liability to apply to you, they shall apply to you only to the extent permitted by applicable law. For New Jersey residents: nothing herein prohibits recovery of damages or attorneys’ fees if required by statute.

c. Binding Terms

By joining the Program, you agree to be bound by these Terms and all terms applicable to your use of the Company’s website and the App, including but not limited to the Company’s Privacy Policy.

d. Modification and Termination of Program or Terms

The Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and you relating to the subject matter hereof, and supersede any prior understanding or agreements (whether oral or written) regarding the subject matter. The Company reserves the right to cancel, modify, or restrict any aspect of the Program at any time, including, without limitation, the earning rate, conversion rate, and expiration policy for all points and Rewards. Notification of changes will be given in the App and at https://my.spendgo.com/index.html#/register/bbqchicken. The Company may make these changes even though such changes may affect the Member’s ability to use points or Rewards already accumulated. You are responsible for remaining knowledgeable about the Program Terms. Continued participation in the Program after any posted change(s) constitutes your acceptance of the change(s).

e. Account Balances

The Company reserves the right to determine the amount of points in any Member’s account based on the Company’s internal records related to the Member’s account. In the event that there is an inconsistency between the points accrued in your account and what you believe you should have based on your purchase receipt(s), please contact us at Customerservice@bbdotqusa.com. The Company assumes no responsibility for errors caused by incorrect Member information. All decisions by the Company on reconciliation of account balances are final and binding.

f. Revocation of Membership

The Company may revoke any Member’s membership at any time if the Member engages in abuse of the Program or fails to follow these Terms. The sale of points or Rewards is prohibited and may result in the confiscation or cancellation of your points and/or Rewards as well as suspension or termination of your membership or Program account, which in each case shall be final and conclusive. The Company may, in its sole discretion, suspend, cancel or combine the Program accounts that appear to be duplicative. The Company employs various internal and external fraud prevention tools to monitor fraudulent activity associated with Member accounts and may deduct points or cancel Rewards if the Company determines, in its sole discretion, that points or Rewards were obtained fraudulently or were associated with purchases made by someone other than the account holder. In addition, fraud or abuse relating to the accrual of points or the claiming or redemption of Rewards may result in revocation of your membership in the Program and may affect your eligibility for participation in any other programs run by the Company.

g. Promotional Program Only

Points and Rewards are purely promotional offers, do not constitute property of any Member, are non-transferable, have no cash value, and cannot be redeemed for cash or gift cards. No portion of any qualifying purchase constitutes consideration paid for any points, Reward, or other promotional benefit. Furthermore, your redemption of points accrued in connection with the Program cannot be combined with any other offers or discounts, unless otherwise expressly indicated by the Company.

h. Trademark and Copyright

The Program and incorporated materials (“Material”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images, including but not limited to bb.q Chicken, and bb.q Chicken’s Logo, incorporated by the Company on the App or otherwise in the Program are also protected as registered or unregistered trademarks, trade names and/or service marks owned by (1) the Company and/or its subsidiaries, parent companies or affiliated entities; or (2) their respective trademark owners (“Trademarks”). You may not use any of the trademarks displayed via the Program except as provided in the Terms. Any other use is strictly prohibited and all rights are reserved.

i. Your Use of the Material

Your right to make use of the App, the Company’s website and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content for any purpose is strictly prohibited and may be a violation of the Copyrights and/or Trademarks protected by law. The Material and all other content on this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by the Company. Any authorization to copy Material granted by the Company for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the App, the Company’s website, or any other website or application related to the Program into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

j. Indemnification

You agree to indemnify and hold harmless the Company, including the Company’s officers, directors, employees, agents, and affiliates, from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees and litigation costs, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Company’s servers, and/or from any and all use of your Member account.

k. Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

For information regarding the Program, contact customer care at Customerservice@bbdotqusa.com.