Terms and Conditions
APPLEBEE'S PERKS PROGRAMSM Terms and Conditions
The Applebee's Perks program (the "Program") is a member recognition program for Applebee's guests who are enrolled in the Program. Throughout these Terms and Conditions (the "Terms"), we refer to Applebee's, our, we or us, which means Applebee's Services, Inc., and/or one or more of its affiliated companies. Applebee's restaurants are owned and operated either by Applebee's Services, Inc. or by independent franchisees of Applebee's ("Franchisees"). Applebee's may modify the Program or any PERKS, or suspend or cancel the Program entirely, at any time. Any changes to the Terms or Program will be posted on applebees.com/PERKS (the "Website"). You should check the Website and these Terms regularly. Your continued participation in the Program following any changes to the Terms constitutes your acceptance of the changes. If Applebee's modifies the Program or any PERKS, or cancels the Program or terminates your membership, you are not entitled to any compensation for any efforts in seeking PERKS, accrual of credits, unused PERKS or anticipated use of any PERKS or otherwise. The program shall commence at 12:00:00 AM CT on July 15, 2013 and is valid for a limited time only at participating Applebee's restaurants and is not valid where prohibited by law.
Enrollment and Participation
To enroll in the Program, you must be an individual who is legal resident of the 50 United States (excluding U.S. territories) and be at least 18 years old at the time of enrollment. Employees of Applebee's Services, Inc., its affiliates and subsidiaries, and the Franchisees and their employees are not eligible to participate in the Program.
The Program is a web-based program, using the internet for the distribution channel for PERKS, Program changes and all promotions and offers. In order to enroll, sign up at our Website www.applebeesperks.com where you can join by providing certain personal information, including a unique email address, your name, birth date, phone number (mobile or landline) or membership card #, gender and zip code. You may also join by texting "PERKS" to 22337 and following the instructions for enrollment. Text PERKS and card# to 22337 if you have obtained a membership card from our restaurant. Text message and data rates may apply. Check with your mobile phone carrier or provider. You may receive up to 4 text messages per month. To opt-out from our SMS Text Messages, text "STOP" to 22337. To get our contact information, text "HELP" to 22337.All information that you submit must be truthful and accurate and it is your responsibility to update your information.
The Program allows you to receive certain PERKS as determined by Applebee's. Purchases at participating Applebee's restaurants are required to receive PERKS. When you enroll, you will receive a coupon PERK for one (1) free Appetizer (excludes tax and tip) via email valid on your next visit within 14 days of receipt of the email. To become eligible for PERKS, provide your membership card or phone number (same phone number used during enrollment process) to the server to get credit for your visit. Each PERK coupon will be sent to the email address you provided during registration or posted to your online account at www.applebeesperks.com. Number, type and frequency of PERKS are based upon a number of factors, each subject to change, including without limitation, type, frequency and amount of purchases (excluding purchase of alcoholic beverages, tax and tip) at participating Applebee's restaurants, type of activities (for example, filling out a survey). PERKS is not a points based program. In the event of any discrepancy, Applebee's determination of the PERK shall be final. When awarded, a PERK coupon will be sent to your email address on record or posted to your online account at www.applebeesperks.com. You will have to present the coupon to receive your PERK
You are not required to accept or use any PERKS. You may redeem only 1 PERK per restaurant visit. There will be a time limit to use your PERKS and the PERKS will be deemed forfeited if not used within the provided time limit. Applebee's may change or substitute PERKS without notice. PERKS may not be exchanged for cash, any cash equivalent or combined with other discounts or coupons. Applebee's may conduct test programs from time to time in certain markets which may have additional or different program terms than those described here.
Applebee's, the Franchisees and their respective service providers are not responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account, or for use of your PERKS or your user name or password without your permission.
Collection and use of Personal Information
THE PROGRAM AND THE WEBSITE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE AND OUR FRANCHISEES AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STAUTORY OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE. APPLEBEE'S DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM WILL ALWAYS BE AVAILABLE.
LIMITATIONS OF LIABLITY AND RELEASE OF CLAIMS
APPLEBEE'S AND ITS FRANCHISEES AND SERVICE PROVIDERS AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT HAVE ANY RESPONSIBLITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE,INCLUDING ATTORNEYS' FEES AND COSTS OF SUIT, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THE PROGRAM OR THE WEBSITE; (II) THESE TERMS; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINSTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF THE PROGRAM OR ANY BREACH OR SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION OR STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US, ANY FRANCHISEE , SERVICE PROVIDER OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION OR USE OF ANY PERKS WHETHER MADE AVAILABLE BY US, A FRANCHISEE OR SERVICE PROVIDER OR ANY OTHER PERSON OR ENTITY. IN NO EVENT WILL OUR, THE FRANCHISEES' AND SERVICE PROVIDERS' MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED $25.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
By participating in the Program, you agree (i) to release us, the Franchisees and service providers and each of our and their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession or use or misuse of any PERK; (ii) to waive all rights to claim punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expense and (iii) all causes of action or claims arising out of or connected to the Program or any PERK will be resolved individually, without resort to any form of class action.
Any attempt to undermine the legitimate operation of the Program may be a violation of criminal and civil law and should such an attempt be made, we reserve the right to seek damages to fullest extent permitted by law. Our failure to enforce any of the Terms will not constitute a waiver of that or any other provision.
Your participation in the Program may be discontinued by us in connection with actual or suspected unauthorized or fraudulent use of the Program, or violation of these Terms. Applebee's reserves the right to seek all remedies available at law and in equity for violations of any of the Terms, including suspending or blocking your access to the Program.
You are responsible for any taxes which may result from participation in the Program.
These Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Missouri, United States, without reference to its conflict of law principles.
These Terms are the entire agreement between you and us regarding your participation in the Program, your entitlement to receive PERKS through the Program and supersede all prior agreement between us concerning the Program, including all previous versions of the Terms.
Copyright © 2013 Applebee's International, Inc. All rights reserved.