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 ("Terms"), we refer to our, we or us, which means Applebee's Services, Inc., and/or one or more of its affiliated companies. "Applebee's" means the Applebee's Neighborhood Grill & Bar brand. Applebee's restaurants are owned and operated by us or independent franchisees of Applebee's ("Franchisees"). We 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 at www.applebeesperks.com (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 we modify 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 is valid at Applebee's restaurants participating in the Program only 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 United States (excluding U.S. territories) and be at least 18 years old at the time of enrollment. Our employees, Franchisees and each of their respective 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 where you can join by providing certain personal information, including a unique email address, your name, birth date, phone number (mobile or landline), gender and zip code. You may also join by texting "Perks" to 22337 and following the instructions for enrollment. 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 us. When you enroll, you will receive a Perk offer for 1 free Appetizer (excludes tax and tip; excludes certain appetizers) via email and online Applebee's Perks account valid on your next visit within 14 days of receipt of the email. To become eligible for Perks, provide your phone number (same phone number used during enrollment process) to the server to get credit for your visit. Each PERK offer will be sent to the email address you provided during registration or posted to your online account at the Website. 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 Applebee's restaurants participating in the Program, and type of activities (for example, filling out a survey). Applebee's Perks is not a points based program. In the event of any discrepancy, our determination of the Perk shall be final. When awarded, a Perk offer will be sent to your email address on record or posted to your online account at the Website. You will have to present the Perk offer to your server during your next visit to redeem.
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. We may change or substitute Perks without prior notice to you. Perks may not be exchanged for cash, any cash equivalent or combined with other discounts or coupons. We and/or our Franchisees may conduct test programs from time to time in certain markets which may have additional or different program terms than those described here.
We, our Franchisees and third-party 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. WE DO NOT REPRESENT OR WARRANT THAT THE PROGRAM WILL ALWAYS BE AVAILABLE.
LIMITATIONS OF LIABLITY AND RELEASE OF CLAIMS
We and our partners, affiliates, subsidiaries, parent corporations, franchisees and their respective agents and agencies ("Releasees") are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the software or programming associated with the Program, for any human error, for any interruption, deletion, omission, defect, or line failure of any electronic transmission, for problems relating to computer equipment, software, inability to access these Terms or the Website, any unauthorized use of the Program, any security or data breach, any redemption or use of any PERKS, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE PROGRAM OR ANY PERKS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM , YOU ARE WAIVING ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS BEYOND NINETY (90) DAYS AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. IN NO EVENT WILL THE RELEASEES' 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.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER
If you have a dispute with us, and you are not able to resolve the dispute informally, you and we agree that upon demand by either you or us, the dispute will be resolved through the arbitration process as set forth in this part. A "dispute" is any unresolved disagreement between you and us. It includes any disagreement relating in any way to the Program; to your use of the Program or any Perks; or to any means you may use to access your online account. It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitable claims.
"Disputes" include disagreements about the meaning, application or enforceability of this arbitration agreement. This arbitration agreement shall survive any termination of your account. YOU AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this arbitration agreement, you and we retain the right to pursue in small claims court any dispute that is within that court's jurisdiction. If either you or we fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration procedure; severability
You or we may submit a dispute or binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced.
NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s) shall be administered by the JAMS, or such other administrator as you and we may mutually agree to (the JAMS or such other mutually agreeable administrator to be referred to hereinafter as the "Arbitration Administrator"), according to its Comprehensive Arbitration Rules and Procedures ("JAMS Rules"). If any of the provisions of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
This arbitration agreement does not prohibit you or us from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property; exercise self-help remedies, including setoff rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or the appointment of a receiver by a court of competent jurisdiction.
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. We reserve 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.
If any term, provision or condition contained in these Terms is determined to be invalid, illegal or unenforceable in any respect, the remainder of these Terms will not be affected, and each and every other term, provision and condition of these Terms will be valid and enforceable to the fullest extent permitted by law.
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.
© 2014 Applebee's International, Inc. All rights reserved.