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Foody® Rewards Terms & Conditions

FOODY® “MORE THAN PIZZA……. …….IT’S AN INDULGING EXPERIENCE”
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FOODY® REWARDS TERMS & CONDITIONS FOR FOODYPIZZA.COM

Last Modified: September 1, 2019

WELCOME TO FOODY® LOYALTY REWARDS AND GIFT CARD PROGRAMS!

These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the FOODY® Rewards program (the “Program”), a promotional program sponsored by FOODY® Group, Inc. (“FOODY®”, “we”, “our” and “us”), and offered as a benefit to our customers who register for the FOODY® Rewards Program (“you”). Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, please do not participate in the Program.

PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE SECTION “DISPUTE RESOLUTION AND GOVERNING LAW” BELOW.

FOODY® reserves the right to modify these Terms and Conditions from time to time without notice to you, by posting a revised version of the Terms and Conditions on this website ( https://foodypizza.com/rewards-terms). Any changes will be effective prospectively as of the date when the updated Terms and Conditions are posted. It is your responsibility to review the Terms and Conditions periodically to be aware of any such changes.

FOODY® REWARDS OVERVIEW

The Program is a way for FOODY® to reward and surprise our loyal guests. Members of FOODY® Rewards can earn Program credit (“FOODY® Credit”) on eligible purchases that can be redeemed for FOODY® food and beverage items at participating FOODY® locations. By participating, you may also be rewarded with exclusive offers, invites to events, sneak peeks on new menu items, special birthday gifts, and other surprises.

EARNING AND REDEEMING FOODY® REWARDS

EARNING FOODY® REWARDS:

  • It is easy to earn FOODY® Rewards! For every qualifying FOODY® purchase, you will earn progress (“Spend Progress”) towards your FOODY® Rewards. All qualifying Spend Progress earned will be reflected in your account within 48 hours of your purchase.
  • Subject to the exclusions below, FOODY® Credit is earned on all qualifying purchases and is based on your pre-tax transaction total (“Qualifying Spend”). FOODY® Credit cannot be earned on FOODY® Rewards or promotional redemptions, offers or discounts, delivery fees, taxes, or tips. FOODY® Credit cannot be earned on guest recovery credit (“House Credit”) or purchasing a digital gift card but can be earned when paying with a digital gift card. Physical gift cards cannot be converted to FOODY® Credit. FOODY® Credit CANNOT be earned or redeemed on third party delivery services. FOODY® Credit will NOT be returned to your account once used.
  • To ensure you receive FOODY® Credit for a transaction, you must scan your FOODY® Rewards QR code (via the FOODY® mobile app, online account, or as a printed copy). If ordering online or on the FOODY® mobile app, please make sure you are logged in to your FOODY® Rewards account.
  • In the event your participating FOODY® location’s QR scanner is not working at the time of your participating in-store purchase, within seven (7) days following your purchase, please email the required photo of your transaction receipt to info@foodypizza.com to have your FOODY® Rewards account to reflect your recent pre-tax transaction total. Your ability to apply a purchase to your account may be limited to participating locations. We reserve the right to offer additional rewards or decline to offer rewards in our sole discretion and without notice to you.

REDEEMING FOODY® REWARDS:

  • It is easy to redeem your FOODY® Rewards! Once your FOODY® Rewards account reflects $100 off Qualifying Spend, a $10 reward of FOODY® Credit will automatically be placed in your FOODY® Rewards account for use. Your $10 reward of FOODY® Credit will automatically apply to your next transaction. Unless otherwise specified, your FOODY® Credit reward will expire sixty (60) days after the date of the issue.
  • The $100 of Qualifying Spend must be made within a 150-day period beginning on the date you make your first FOODY® Rewards purchase (“Reward Earning Period”). If you do not reach your $100 of Qualifying Spend during your Reward Earning Period to earn a FOODY® Credit reward, all Qualifying Spend will be returned to $0 and the Reward Earning Period will reset. If during your Reward Earning Period you have made enough Qualifying Spend to earn a FOODY® Credit reward, our FOODY® Rewards team will issue your account a FOODY® Credit reward of $10. Any Qualifying Spend you have made in excess of $100 will be credited towards the next Reward Earning Period, and the Reward Earning Period will reset beginning on the date that your FOODY® Credit reward was issued.
  • To redeem your FOODY® Credit in-store, simply scan your FOODY® Rewards QR code (via the FOODY® mobile app, online account, or as a printed copy) at checkout. When placing a digital order via the FOODY® mobile app or online, any available FOODY® Credit will automatically apply to your transaction. Once you have redeemed your FOODY® Credit, your FOODY® Rewards balance will automatically reduce by the amount of FOODY® Credit you used for your purchase.

RECEIVING SURPRISE FOODY® REWARDS

As a member of FOODY® Rewards, you may receive surprise rewards and benefits including:

  • Discounts & Offers: Discounts or offers may be sent to you based on past transactions, purchase amounts, or at random.
  • Refer-a-Friend Rewards: You are eligible to receive $2 in FOODY® Credit for each person you successfully refer to join the FOODY® Rewards Program. When your referee uses your unique referral link, they will also automatically receive $2 in FOODY® Credit to their account. In order to receive your referral bonus, your referee must spend both the $2 credit that you sent their way plus a matching value of non-credit with their FOODY® Rewards account, after which your $2 referral bonus will be automatically added to your account.
  • Happy Birthday Credit: If you elect to provide us with your birthday and have achieved a FOODY® Rewards Status, as defined below, we will celebrate your special day with a $9 Birthday Credit. You will receive your $9 Birthday Credit within seven (7) days prior to your provided birthday. You must visit a participating location within thirty (30) days from the date of issue to redeem your Birthday Credit.
  • Exclusive Event Access: We may hold special or invite-only events to which FOODY® Rewards members may enjoy exclusive access. Please make sure you have opted-in to receive e-mail communications and notifications of such events.

FOODY® REWARDS MEMBERSHIP STATUS

FOODY® Rewards features four levels of membership rewards status – FOODY® BITE, FOODY® LOVER, FOODY® EPICUREAN and FOODY® ENTHUSIAST (“Rewards Status”). When you enroll in FOODY® Rewards, you will start at Foody® Bite status, and we will automatically begin aggregating your total lifetime Qualifying Spend and apply it to your FOODY® Rewards Status. The following lists the lifetime Qualifying Spend associated with each level of Rewards Status and indicates the benefits to which you are entitled upon achieving such status:

Rewards Status Lifetime Qualifying Spend  Loyalty Reward
Foody® Bite $0.00 – $99.99 $10
Foody® Lover $100.00 – $999.99 $10 & & $5 Birth Day Gift
Foody® Epicurean $1,000.00 – $2,499.99 $10 & & $5 Birth Day Gift & Access to special events
Foody® Enthusiast Access to special events & exclusive
Promotions

Access to exclusive promotions from time to time, FOODY® may elect in its sole discretion to change the benefits associated with any Rewards Status, or to confer additional Rewards Status or benefits upon FOODY® Rewards members.

FOODY® Credits earned as a FOODY® Rewards member can be redeemed at participating locations. FOODY® Credits and benefits have no cash exchange value, are not transferable, and will not be refunded at any time. All Program rewards have an expiration date unique to the offer. FOODY® Rewards expire after the following time periods from receipt:

Credit Type Expiration
FOODY® Loyalty Reward 60 days
House Credit 90 days
Birthday Credit 30 days
Refer-a-Friend Bonus 90 days
Promotional Credit Varies
Digital Gift Card Credit No expiration

When FOODY® Rewards are issued, additional terms, conditions, and restrictions may apply. We also reserve the right to change, modify, terminate, or cancel any offers, terms, rules, benefits, and regulations of our Program at any time, even though such changes may affect the value of already-issued rewards. Please carefully review the Terms and Conditions applicable to rewards issued to you.

REDEMPTION ORDER OF PRIORITY

We reserve the right in our sole discretion to determine the order in which FOODY® Credit and Rewards Status benefit credits are applied to transactions and their priority to promotional codes, gift cards, or other payment credits that are associated with your FOODY® Rewards account. We cannot guarantee that the FOODY® Rewards benefits or credits with the earliest expiration dates will be given priority in all transactions and you agree to monitor your account regularly to verify the status of your FOODY® Rewards and Rewards Status credits.

PERMISSION AND MEMBERSHIP INFORMATION

By enrolling in FOODY® Rewards, you authorize FOODY®, its affiliates, and partners to communicate marketing and company information to you. Communications may include marketing emails, direct mail, and other communications about offers and promotions. By enrolling, you also agree to all terms listed in our Privacy Policy. Please see the section “Privacy Policy” below.

FOODY® Rewards is open to legal residents of the United States who are at least 18 years of age at the time of registration. The Program is not targeted, nor is it intended to be used by anyone under the age of 18. If you are at the ages of under 18, you may only use the Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. To enroll in FOODY® Rewards, please sign up online at https://foodypizza.com/account/welcome or through our mobile app by providing your name, email address, phone number, and date of birth (optional). While more than one person may use the same email address or phone number (e.g., members of the same household), we will not separate Program benefits or offers earned or used by different members of the same household using the same FOODY® Rewards account.

Your FOODY® Rewards account, username, password, and information are for your personal use only. You are responsible for maintaining the confidentiality of and are responsible for all activities that occur under your FOODY® Rewards account, username, password, credit card, gift card, and any other information that may be used to access your account. If you believe your account has been compromised, please contact us and take immediate action to remove the credit card, gift card, or other payment information associated with your account. Neither FOODY® nor any of its suppliers, contractors, or service providers (collectively, “Suppliers”) are responsible for undeliverable, lost, returned, or misdirected emails or other correspondence related to your account.

You may not use the Program for any purpose that is: (a) prohibited by these Terms and Conditions, (b) violates any applicable law, (c) causes damage on or through the Program, (d) infringes upon the rights of any third party, (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent, or otherwise objectionable, or (f) actually or intends to affect or interrupt the operation of the Program. Some of the FOODY® Rewards are made through the use of our Suppliers. By using FOODY® Rewards, you agree to comply with all of our suppliers’ terms and notices as well. While there are no fees charged by FOODY® to participate in the Program, there may be data usage or other like fees owed to your mobile carrier or internet provider resulting from such use, for which you are solely responsible. You are responsible for payment of any items purchased through the Program.

CHANGES TO TERMS AND CONDITIONS

We reserve the right to add, remove, or change any of these Terms and Conditions, policies, FAQs, guidelines, or other terms pertaining to the Program at any time. Any modifications will be effective immediately upon posting the revision and, by accepting these Terms and Conditions, you waive any right to receive special notice of such change. By continuing to use the Program, you agree to any revised Terms and Conditions or policies posted by us.

MEMBERSHIP CANCELLATION

To cancel, please visit your account page at www.foodypizza.com. As soon as a membership is canceled, your FOODY® Rewards will expire. We reserve the right to cancel your FOODY® Rewards membership at any time, for any reason, in our sole direction. Any cancellation may be based on, but is not limited to, our determination that you are (1) ineligible, (2) violated these Terms and Conditions or any applicable law or regulation, or (3) are in engaged in deception, forgery, fraud, or committed any other abuse or wrongful actions affecting the Program or FOODY®.

MANAGING COMMUNICATION PREFERENCES

You may opt-out from receiving Program communications at any time. To do so, please click unsubscribe at the bottom of the email and complete the opt-out process. When opting out, you will still be eligible to participate in the FOODY® Rewards program, however, you will not receive communications about future offers within the Program. For more information about managing your information preferences and opting out, please see our Privacy Policy.

PRIVACY POLICY

You may cancel your membership with FOODY® Rewards at any time. Except as otherwise noted in these Terms and Conditions, FOODY®’s Privacy Policy and related standards will apply to the information you provide through the Program. See our Privacy Policy on our website to understand how we collect, use, and share information. By accessing or using FOODY® Rewards, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy.

RELEASE, DISCLAIMER, AND LIMITATION OF LIABILITY

If you participate in the Program, you agree to release FOODY®, our franchisees, affiliated entities, and their respective officers, directors, employees, agents, and Suppliers from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorneys’ fees and related costs) relating to any issues arising in connection with the Program, use of FOODY® Rewards, or your consent to these Terms and Conditions. Our Program is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, FOODY® disclaims all warranties of any kind, express, implied, or statutory, with respect to the Program (including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of any course of dealing, usage, or trade). To the fullest extent permitted by applicable law, FOODY® will not be liable for any indirect, special, incidental, punitive, or consequential damages or losses (including for the indirect loss of profit, revenue or data) arising out of or in connection with the Program, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages or losses.

DISPUTE RESOLUTION AND GOVERNING LAW

In the event there are any issues, these Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. By participating in the Program, you agree that you will resolve any disputes with FOODY® through binding and final arbitration (instead of through court proceedings) as further set forth below. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS AND CONDITIONS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION.

In the event of any dispute concerning the Program or its applicable Terms and Conditions (including issues relating to the effectiveness of this arbitration provision), the parties unconditionally and irrevocably agree that the dispute will be resolved by arbitration (and accordingly they hereby consent to personal jurisdiction over them) exclusively in the vicinity of the District of Columbia, by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be heard and determined by a single neutral arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The prevailing party will be entitled to recover its attorneys’ fees and arbitration costs from the other party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceeding, except as may be required by applicable law.

GENERAL

In all matters relating to the administration of the Program, the decisions of FOODY® shall be final. FOODY® is not responsible for communication problems of any kind, including issues due to changes in your contact information (so please make sure your contact information is up to date). Under no circumstances will FOODY® be liable for any delay or failure in performance due in whole or in part to any acts of nature or other actions, circumstances or causes beyond its reasonable control. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, then such provisions will be deemed severable from these Terms and Conditions and will not affect the validity or enforceability of any remaining provisions. The failure of FOODY® to enforce any right or provision of these Terms and Conditions will not prevent FOODY® from enforcing such right or provision in the future. FOODY® may assign its rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

All Loyalty Reward program and account users are bound by the FOODY® TERMS & ACCEPTABLE USE STATEMENT and FOODY® PRIVACY & SECURITY POLICIES.

 

FOODY®

Thank you for your interest and for taking the time to read our FOODY® REWARDS TERMS & CONDITIONS for the site. We wish you an enjoyable time on our website.

 

Thank You!