Effective July 1st, 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.
- 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 firstname.lastname@example.org 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.
- 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 email@example.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 firstname.lastname@example.org, 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.
- 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/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.
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.
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