Pupatella Rewards - Terms of Use

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A PUPATELLA REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN A PUPATELLA REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY PUPATELLA REWARDS PROGRAM.    ​

 

​GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “Pupatella Rewards Terms”) apply to any access to and/or participation in the Pupatella rewards programs (“Pupatella Rewards"). Please read Pupatella’s online Terms of Use located at https://www.Pupatella.com/terms-of-use, which are incorporated herein by this reference, before participating in Pupatella Rewards. Pupatella Rewards are deemed included in the definition of “Services” as that term is used in the Terms of Use.  In the event there is a direct conflict or inconsistency between these Terms and Conditions and Pupatella’s online Terms of Use, these Terms and Conditions will prevail, govern and control with respect to any aspect of Pupatella Rewards. These Pupatella Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Pupatella for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Pupatella outside the context of Pupatella Rewards. Information collected in connection with Pupatella Rewards is governed by the Pupatella Privacy Policy.  Please read the Pupatella Privacy Policy  carefully to understand how Pupatella collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Pupatella communicates with you. Terms.

 

ELIGIBILITY

Pupatella Rewards is open to legal residents of the 50 United States of America and Washington, D.C. who are 13 years of age or older.  Pupatella Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Pupatella Rewards are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may participate in Pupatella Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Pupatella Rewards Terms.

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HOW PUPATELLA REWARDS WORKS​

Participants in Pupatella Rewards may accumulate loyalty “points” that entitle the participant to Pupatella Rewards benefits, or “Rewards," at participating Pupatella restaurants in the 50 United States and Washington D.C. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at participating U.S. Pupatella restaurants. Purchases begin accumulating points upon the first presentation of a digital Pupatella Rewards account at the time of a qualifying purchase.

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HOW TO ENROLL

To enroll in Pupatella Rewards and begin accumulating points: (i) participants who have not created an account through the website located at www.Pupatella.com, must first create an account and agree to participate in Pupatella Rewards, which may at the participant’s option include opting-in to receive marketing communications from Pupatella via e-mail or SMS or other text message communication.  Participants are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in Pupatella Rewards or as a condition of purchasing any goods or services.  Participants who elect to opt-in acknowledge that Pupatella or its designee may send them commercial text messages using automated technology. Participants who elect to opt-in consent and agree to that type of contact.  Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with Pupatella Rewards.  Participants should consult their wireless service provider’s pricing plan for details.  Participants can opt out at any time.

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Registration may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday.

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If you change your account country to one that is not located within the 50 United States or Washington D.C., your Pupatella Rewards account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Pupatella Rewards account. Previously credited points and Rewards may also expire as described below.

You may have only one Pupatella Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Pupatella in its sole discretion.

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ACCUMULATING POINTS

You may accumulate points for any qualifying purchase made on and after your date of enrollment in Pupatella Rewards.  To receive credit for a qualifying purchase and accumulate points, you must present your digital Pupatella Rewards account (i) at the point-of-sale at a participating U.S. Pupatella restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase at www.Pupatella.com.  Points will not be awarded for purchases at www.Pupatella.com if you order or check out as a guest and not via your Pupatella Rewards account.  Pupatella reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in Pupatella Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Pupatella for such credit.  In no event will Pupatella retroactively award points to any Pupatella Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.

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In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Pupatella gift card; purchases using other currency or promotional offers (such as redemption of a Reward) will accrue points only for the amounts, if any, paid in cash. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Pupatella Rewards participant account is limited to three qualifying purchases per day. Purchases of multiple menu items in a single transaction may count as no more than one qualifying purchase.

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Some exclusions apply. For example, purchases of alcoholic beverages or Pupatella gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, event (and PUP Party) deposits, event (and PUP Party) balances, catering, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases.

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If you void or cancel a qualifying purchase credited toward accumulation of points, Pupatella reserves the right to deduct the points associated with that purchase from your account.

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REWARDS

Once a Pupatella Rewards participant accumulates the number of points needed for a Reward, the participant can redeem their reward.  Some Rewards will be added immediately, while others will be added within approximately 48 hours. When a Reward is added to a participant’s account or otherwise redeemed, the points associated with that Reward will be deducted from the account.

 

Rewards that consist of Pupatella menu items are valid at participating Pupatella restaurants in the United States, subject to availability. Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.

 

Except as otherwise provided in these Pupatella Rewards Terms or in the terms communicated in conjunction with a particular Reward, Rewards expire if not used within 60 days after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid Pupatella Rewards account will be required to redeem any Reward.

 

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Pupatella Rewards Terms from time to time.

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TRACKING YOUR ACCOUNT

Pupatella Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account.  Pupatella reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time. Rewards points expire after 180 days of account inactivity (i.e., no qualifying purchases), unless sooner terminated as a result of an account being deactivated as provided herein.

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SPECIAL OFFERS

Pupatella may from time to time in its sole discretion make available to participants in Pupatella Rewards the opportunity to earn additional points or other program features, through special offers, challenges, bonuses or other promotions. The terms, conditions, and benefits applicable to any such special offers will be determined by Pupatella in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Pupatella Rewards may be different from or in addition to provisions of these Pupatella Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.

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BONUS REWARDS

Pupatella may from time to time offer a “Free Loyalty Pizza” promotion in which Pupatella Rewards members enrolled on or prior to a specified date may receive periodic bonus offers consisting of a free menu item.  If offered, these Bonus Rewards will be deposited into Pupatella Rewards accounts selected by Pupatella or its program administrators in their sole discretion.  Each Bonus Reward will be subject to an expiration time and date that may be soon after the Bonus Reward is deposited in an account.  Bonus Rewards are not valid on catering or orders placed via third party delivery platforms, and redemption is limited to participating Pupatella restaurants in the United States and is subject to availability.  Bonus Rewards may not be combined with other coupons, promotions, or special offers unless specifically allowed by the terms of a specific Bonus Reward.  Additional terms, conditions, limitations or restrictions may apply, and may be disclosed in association with any Bonus Reward or added to these Pupatella Rewards Terms from time to time.  Pupatella makes no commitment to offer any minimum number of Bonus Rewards.  Pupatella may discontinue or alter the terms of the Bonus Rewards program at any time.

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LIMITATIONS, RESTRICTIONS AND OTHER TERMS

Your digital Pupatella Rewards card, ID number, scannable code or other identifier associated with the Pupatella Rewards account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Pupatella Rewards account.

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Pupatella’s determinations of participant eligibility or any questions or disputes arising under the Pupatella Rewards Program, these Pupatella Rewards Terms or any other Pupatella Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Pupatella Rewards Terms, nothing in these Pupatella Rewards Terms will limit Pupatella from exercising any legal or equitable rights or remedies that it may have.

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Without notice to you, Pupatella reserves the right to suspend and/or terminate any Pupatella Rewards account and/or your participation in Pupatella Rewards if Pupatella determines in its sole discretion that you have violated these Pupatella Rewards Terms, you have more than one Pupatella Rewards account, or that the use of your Pupatella Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Pupatella Rewards Terms. Pupatella may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Pupatella Rewards is terminated, then all accumulated points and Rewards in your account are void.

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There are no membership fees associated with Pupatella Rewards, although use of online services in conjunction with participation in Pupatella Rewards programs may result in data charges, internet access fees or similar expenses. Points, Rewards, account status and other benefits accumulated under the Pupatella Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or cancelled.

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There may be a limited number of particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Pupatella reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Pupatella or the third party supplying the Reward. Pupatella reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Pupatella Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.

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Pupatella is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Pupatella Rewards. If, for any reason, the Pupatella Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Pupatella which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Pupatella Rewards program, Pupatella reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Pupatella Rewards program or otherwise respond to the circumstances as Pupatella deems appropriate.

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CHANGES TO PUPATELLA REWARDS

Pupatella reserves the right to change, update and/or discontinue, in whole or in part, Pupatella Rewards or any portion of the program, all or any portion of these Pupatella Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Pupatella Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Pupatella Rewards Terms, we will revise the “last updated” date located at the top of these Pupatella Rewards Terms. If you continue to participate in the Pupatella Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Pupatella Rewards Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Pupatella Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Pupatella Rewards. If you do not agree to the Pupatella Rewards Terms, you must stop participating in Pupatella Rewards.

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DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Pupatella, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Pupatella Rewards Entities”) arising in whole or in part out of or relating in any way to Pupatella Rewards, points or any Reward, transactions that result in the earning or redemption of Pupatella Rewards points, your participation in any Pupatella Rewards program, these Pupatella Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Pupatella Rewards Dispute”) will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how Pupatella Rewards Disputes are resolved. You agree that whenever you have a Pupatella Rewards Dispute, you will send a written notice to Pupatella (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Pupatella Rewards Terms. You must send the Demand to the following address (the “Notice Address”): Pupatella Rewards Legal Disputes, 2700 S Quincy Street, Suite 210, Arlington, VA  22206. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Pupatella Rewards Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Arlington, Virginia; (4) the arbitrator’s decision shall be controlled by these Pupatella Rewards Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Delaware law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Pupatella Rewards Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Pupatella Rewards Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pupatella or its designee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Pupatella Rewards Entity shall be required to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, you may file your case with any national arbitration company that will honor the requirements set forth above.​

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LIMITATIONS ON LIABILITY/INCONTESTABILITY

UNDER NO CIRCUMSTANCES SHALL THE PUPATELLA ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PUPATELLA REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE PUPATELLA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PUPATELLA REWARDS PARTICIPANT PROVES THAT PUPATELLA HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

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BY PARTICIPATING IN THE PUPATELLA REWARDS PROGRAM, EACH PUPATELLA REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE PUPATELLA REWARDS PROGRAM MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.