PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN VIP PERKS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN VIP PERKS.
These Terms and Conditions apply to your access to and participation in VIP Perks, a program that is operated by Perkins LLC and offered to its respective subsidiaries, licensees, franchisees, and affiliated companies (collectively “Perkins”).
VIP Perks (the “Program”) is a customer loyalty program that allows each member of the Program (“Member” or “Members”) to earn $5 Off after three visits with a purchase of $10 or more at participating locations.
These Terms provide a general overview of the Program. There is no fee for participating in this Program. No portion of any payment for purchases qualifying for points in the Program constitutes consideration paid for the rewards earned.
Each Member may only hold one Program account. Member points are personal to each Member, and they may not be sold, transferred, assigned or shared, or used by the Member for any commercial purpose. Points accumulated are promotional and have no cash value.
In order to become a Member and earn or redeem points, you must be at least 18 years of age, although certain offers under this Program may have additional age requirements, in Perkins’s sole discretion. The Program is intended for personal use only. Commercial use is prohibited. No business entities, organizations or groups may become Members.
You may enroll in the Program by downloading the Perkins app (“the App”) if your device supports the App, available for free at the USA app stores for Apple or Google Play. To enroll, you must provide the requested information, which may change from time to time, including but not limited to your full name, email address, phone number (optional), birthday month and day, zip code, favorite Perkins location and then create a password.
Perkins reserves the right to limit participation and enrollment at any time. Perkins may also request additional or different information from time to time. You are responsible for providing true and accurate information and to ensure that the information remains up-to-date and accurate. Program communications with you will be made using the information in your Member account. Perkins is not responsible for your inability to receive or redeem points, rewards, or other Member benefits, or any other loss arising from your failure to provide and maintain accurate contact information in your Member account.
From time to time, new Members may, upon downloading the Perkins App and completing an account enrollment, receive a welcome reward, in Perkins’s sole discretion, and in accordance with the terms in effect at the time of establishing the Member account. The details of any such welcome reward, including its expiration date, are available to Member under the “Rewards” tab of the Member’s account.
Members’ participation in the Program is subject to Perkins’s Terms of Use, which are incorporated herein by reference. In the event of any conflict between these Program Terms and Conditions and the Perkins Terms of Use, Perkins’s Terms of Use shall control. All information provided by Members, whether as a result of enrolling in or otherwise by participating with the Program, is subject to Perkins’s Privacy Policy. Please read the Privacy Policy carefully to understand how Perkins collects, uses, and discloses information about Members and how to update or change your personal information and how we communicate with you.
PARTICIPATING LOCATIONS ONLY
Points can be earned and rewards can be redeemed ONLY at participating Perkins locations within the United States of America. Call your local restaurant for details on latest offerings and program participation details.
MEMBER ACCOUNT INFORMATION
Members may view their account, profile information, point balance and earned rewards at any time on the App.
Members may not maintain more than one Program account. In the event that the same individual opens more than one Program account, the duplicate account will be terminated
HOW TO EARN POINTS THROUGH PURCHASES
In our program, Members earn $5 Off after three visits with a purchase of $10 or more at participating Perkins locations.
Eligible purchases EXCLUDE purchases made with any third party ordering services, the purchase of Perkins gift cards, redemption of rewards under this Program, non-food/beverage merchandise and non-food/beverage promotional items (in Perkins’s sole discretion), alcohol, taxes, surcharges, rewards, comps, tips, store credits, and promotions.
There are four ways to check-in and earn points through purchases. 1) Check in at the beginning of each visit to a participating location by signing into the Perkins App and scanning the QR code within the App at the location register. Purchases at the location will be automatically uploaded into Member’s account. 2) Check in at the location by providing the cashier at the time of purchase with Member’s email address or phone number on Member’s account. 3) Check in by using the App to scan the barcode located at the bottom of Member’s original cash register receipt. 4) If ordering online, please sign into your Member account before placing your order, and your order will automatically be uploaded to your Program account.
If you void an eligible purchase made while you are checked in or return or request a refund on an eligible purchase in the future, Perkins will deduct the points associated with that purchase from your Member account. If Member fails to check in at the time of purchase or does not provide a valid email address or phone number to facilitate check in, Members can request that the points for a previous purchase be retroactively credited to their account with information contained from the applicable receipt and if the request is made within seventy-two (72) hours from the time of purchase. Other retroactive credits are not available without proof of purchase and are available only in Perkins’s sole discretion.
Points may only be earned on purchases at participating locations made by the Member directly. Points earned from eligible purchases is a number equal to the price of eligible purchases multiplied by 1 calculated as follows: The point system calculator will determine the points earned by calculating the total order dollar amount multiplied by 1 then rounding to the nearest whole number and subtracting the total amount of any ineligible items multiplied by 1 then rounded to the nearest whole number.
Points are automatically tracked when you are checked in. Points for any single qualifying purchase may only be credited to one Member account. For checks with multiple accounts, the purchase must be split in order for credit to occur. Points will be credited upon completion of the qualifying purchase. In certain cases, it may take up to 48 hours or more for points to appear in Member’s account. Perkins shall not be responsible for, or liable to, any Member, person, or entity, in any way for any losses, costs or expenses incurred by any delay or error in crediting points to a Member account.
OTHER WAYS TO EARN POINTS
From time to time, Perkins, in its sole discretion may offer 1) a point incentive to invite other users to participate in the Program; 2) other purchase rewards; or 3) other Program benefits or rewards. Such offers will be subject to these Program Terms and Conditions and any additional terms set forth in that offer. Rewards may not be identified to Member in advance. Activities or purchases tied to specific rewards must be fully completed, as determined by Perkins in its sole discretion.
You must have at least enough unredeemed and unexpired points in your Member account for the reward you wish to redeem. See terms of the relevant reward offer for details.
Perkins reserves the right to limit the redemption of any specific rewards. Points will be subtracted from the Member account immediately when a reward is requested based on the total points for the requested award. Points will be restored to a Member account only if in Perkins’s sole discretion, it determines that the reward requested by that Member is unavailable or cannot be delivered. If a full reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. Perkins has the sole discretion to determine the size of the reward. Rewards may not be earned or redeemed if unexpected technical difficulties arise.
MEMBER INACTIVITY, DEACTIVATION OR CANCELLATION
Definitions.
Inactivity means a period of not participating in the Program through point earnings. Deactivation means a period of time when a Member’s account is dormant, but still in existence. Suspension means a period of time when Perkins is researching activity on the account for any reason. It is a type of deactivation. Cancellation means a termination of Member’s participation in the Program and a deletion of his/her account.
Inactivity.
Deleting the App from your device or not signing into the App will not delete your account or opt you out of the Program. Points will continue to expire in accordance with these Program Terms. Perkins considers accounts inactive after 365 days of non-use (“Inactive Accounts”). Perkins may, in its sole discretion, deactivate or permanently cancel and delete Inactive Accounts. See below for what happens to a Member’s points, rewards, and other program benefits upon deactivation or cancellation.
Deactivation.
If you wish to prevent (i) your account from becoming an Inactive Account subject to possible deactivation by Perkins or (ii) your points from expiring during a period of nonuse, you must deactivate your account by contacting us at
[email protected]
. You may deactivate your account for a period not to exceed 1 year. During a period of account deactivation by either Member or Perkins (including Perkins suspension of an account), Member’s unexpired points or rewards or other Program benefits as of the date of deactivation will remain in the account. At the end of any Member requested period of deactivation, the time for your points or rewards or other program benefits to expire will commence again in accordance with Program terms as of the end of the period of deactivation. Any previous period of activity before deactivation will also count towards each point’s or reward’s or other program benefit’s expiration date. As to any account placed on suspension or deactivation by Perkins, Perkins reserves the right, in its sole discretion, to decide when and if to remove the suspension or deactivation and to reactivate the Member account and/or whether any Member’s points, rewards, or other Program benefits will remain in effect upon such removal.
Member Reactivation.
If you choose to reactivate your account, you may do so by emailing
[email protected]
with the email address your account was created under and requesting reactivation in addition to providing your contact information including name and phone number. Upon reactivation, any unexpired accrued points or rewards or other Program benefits will be available for redemption or to earn credit towards redemption, but only in accordance with the Program Terms in effect at the time of reactivation.
Cancellation.
Member may also permanently delete and cancel his/her participation in the Program at any time and for any reason by contacting us at
[email protected]
. If Member cancels his/her account or if Perkins chooses to cancel an Inactive Account or suspended account, the Member’s account will be deleted and any unredeemed points, rewards, or other Member benefits will be forfeited automatically and immediately. Upon cancellation, points will no longer be available for redemption.
Re-Enrollment.
If a Member re-enrolls at any time, Member will start with a brand new balance of zero points or rewards, unless there is any welcome points or reward in effect at the time of re-enrollment.
PROGRAM CHANGES AND TERMINATION
Perkins reserves the right, in its sole discretion, at any time and without notice to Members i) to change Program benefits or adjust the way points or rewards are awarded, received, calculated, or redeemed, including point value or expiration dates for rewards or points; ii) to make modifications to, or terminate, discontinue, or cancel the Program, or merge it with a new or different loyalty program. Any changes or modifications become effectively immediately upon posting revisions to the App or relevant systems necessary to administer the Program, including but not limited to Perkins’s website, online ordering system, and other relevant systems. You waive any right you have to any notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and Conditions and such changes or modifications.
You should review these Terms and Conditions and any applicable FAQs or other guidelines frequently to understand the terms that apply to the Program at any given term. If you do not agree to the Terms and Conditions as they may continue to be amended, you must stop participating in the Program.
Perkins may, in its sole discretion, deactivate, suspend, cancel, or combine Member accounts that appear duplicative. Perkins may, in its sole discretion, suspend deactivate or cancel a Member’s account and membership in the Program if Perkins determines, in its sole discretion, that a Member has violated the Program’s Terms and Conditions, misused or abused the Program, or acted fraudulently or in violation of the law in any way, acted in a manner contrary to Perkins’s interests. In case of Perkins’s cancellation of a Member’s account for any reason, including it being an Inactive Account, the affected Member’s earned points and issued Rewards and any other Program benefits will be forfeited automatically. In the case of Perkins’s termination of the Program as a whole, Perkins may, in its sole discretion, allow you to redeem any outstanding valid and unexpired points or rewards or other Program benefits at participating locations. Any unredeemed or unexpired points or rewards or other Program benefits shall be cancelled at the later of either the expiration of the then-current rewards or sixty (60) days after program termination.
Perkins shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and Conditions, and any decision it makes relating to suspension, deactivation, or termination of any membership (including but not limited to cancellation of points or rewards or offers) or the Program as a whole shall be final and binding. Should you object to any of these Terms, subsequent changes or modifications to the Terms, or become dissatisfied with the Program or any of Perkins’s decisions about the Program, your sole remedy is to discontinue participation in the Program through appropriate termination of your Member account.
DISPUTE RESOLUTION – BINDING ARBITRATION
BY AGREEING TO THE SECTION, YOU UNDERSTAND THAT: ARBITRATION IS A CONFIDENTIAL PROCEEDING; YOU ARE GIVING UP THE RIGHT TO A TRIAL BY JURY; THERE IS NO RIGHT OF APPEAL IN ARBITRATION; YOU MAY HAVE MORE LIMITED RIGHTS OF DISCOVERY; YOU HAVE WAIVED ANY RIGHT TO PUNITIVE DAMAGES; YOU MAY BE SUBJECT TO AN AWARD THAT PROVIDES FOR REIMBURSEMENT OF COSTS AND ATTORNEYS FEES.
Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Informal Resolution.
In the event of any dispute, controversy or claim arising out of or relating to these Terms or the PROGRAM (“Dispute”), you agree that before taking any formal action, you will contact us at 5901-B Peachtree Dunwoody Road NE, Suite 450, Sandy Springs, GA 30328, provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account) We will attempt to reach an amicable resolution of any issue within sixty (60) days.
Arbitration.
If we cannot reach resolution, you consent to arbitrate your Dispute, before a single arbitrator under the then current rules and fees of the American Arbitration Association including the AAA’s Consumer Arbitration Rules (as applicable) and as modified by these Terms of Use (or another alternative dispute resolution provider, chosen mutually by you and Perkins). The AAA Rules are available online at
www.adr.org
or by contacting us at the Notice Address. At your option, arbitration hearings may be held by telephone, by written documents, or in-person in Fulton County, Georgia.
The arbitration will be conducted in English, and be confidential. You and we agree that (a) these Terms of Use or your use of Perkins Services or participation in this Program evidence a transaction in interstate commerce; and (b) that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. Judgment on any arbitration award may be entered in any court having proper jurisdiction. This Dispute Resolution section shall survive termination of these terms of use.
Governing Law.
Any dispute arising from these Terms of Use or your access to or participation in the Program will be governed by and construed and enforced in accordance with the laws of Georgia, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts located in Fulton County, Georgia.
Arbitrator Authority.
The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any relief ordered cannot and shall not affect other users of the Program.
Exceptions.
There are only exception to this arbitration agreement is if a party reasonably believes that the other party has threatened to infringe the intellectual property rights of the other party, the owner of the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Costs of Arbitration.
Fees for filing, AAA administration, and arbitrator’s fees are set forth in the Consumer Arbitration Rules, as may be amended from time to time. Perkins will reimburse you for your filing fee ($200 as of the date of the last update of these Terms of Use) for claims you file totaling less than $1,000. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. Regardless of the amount in controversy, Perkins will not request its attorney’s fees, filing fees, AAA administration and arbitrator’s fees (collectively the “Costs”) unless the arbitrator finds that your claims are frivolous or brought for an improper purpose. In such case, Perkins will not reimburse you for your filing fee and may seek Perkins’s Costs.
Changes.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Perkins makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a Service, you may reject any such change and require Perkins to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises