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Terms of Use | CPK Rewards Terms of Use | Privacy Policy

California Pizza Kitchen CPK RewardsTM Program Terms of Use

(Effective January 29, 2019)

In order to complete your registration for the California Pizza Kitchen CPK RewardsTM Program (“Rewards Program”), to use and continue to use the Rewards Program, and to access and use the Rewards Program website located at www.cpk.com or our mobile application (“App”), you must agree to these Terms of Use. (Our website and App are collectively referred to in these Terms of Use as the “Sites”). If you do not agree to these Terms of Use, do not use or continue to use the Rewards Program.

These Terms of Use include an Arbitration provision that applies to any disputes between you and California Pizza Kitchen. Unless you elect to not be bound by arbitration by following the Election To Not Be Bound by Arbitration Policy procedure described below, these Terms of Use will:

  • Eliminate your right to trial by jury; and
  • Prevent you from bringing, joining, or participating in any class-action or consolidated-action proceedings.

  1. Reservation of Rights: California Pizza Kitchen, Inc. (“CPK”) offers this Rewards Program at its discretion and reserves the right to terminate, suspend, or modify it, in whole or in part, or to change the rules, benefits, conditions of participation, or qualification criteria or to suspend, reduce, or terminate any benefits, at any time, with or without notice. CPK further reserves the right to make benefits, bonuses, or promotional offers selectively available to certain Members at any time, with or without notice. In making purchases from CPK, Members may not rely upon the continued availability of this Rewards Program any benefits or rewards under this Rewards Program.
  2. Eligibility: The Rewards Program is only available to individual legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Rewards Program member (“Member”) and a maximum of four accounts are allowed per household. Each participant in the Rewards Program must have his or her own account and accounts may not be used by, shared, sold, assigned or transferred to any individual, except among immediate family members living in the same household.
  3. Enrollment: In order to enroll as a Member of the Rewards Program, you must provide CPK with your name, email address, birthdate, favorite location, and phone number, and a username and password. You are also solely responsible for updating your Rewards Program account information so that it is accurate and current, and CPK is not responsible if you do not receive any emails from us because you provided an incorrect email address or failed to update your email address.
  4. Earning CPK RewardsTM: Members earn points by making qualifying purchases at CPK corporate-owned restaurants located within the United States (“CPK Restaurants”). (This does not include airport, stadium, Mirage Hotel, international or other franchised locations). Points are automatically converted to rewards (“CPK Rewards”) to be redeemed for food and beverages as described below. Qualifying purchases include food and non-alcoholic beverages purchased by the Member. Points will not be earned for any taxes, gratuities, orders placed on third party delivery platforms or delivery charges paid, for purchases of gift cards, retail merchandise, or alcoholic beverages, or for purchases made with CPK RewardsTM. CPK in its sole discretion may also award Members CPK RewardsTM, discounts, enhanced earning ability, free food items, or other benefits based on a Member’s specific behavior, or as a surprise and delight (“Discretionary Awards”). CPK RewardsTM and other benefits accumulated under the Rewards Program are promotional and have no cash value.
  5. “Hurdle Rate:” Except as described below, all Members earn 1 point for every $1 spent on qualifying purchases. Fractions of one dollar are rounded on a half-to-even basis. Once a Member earns 75 points (“Hurdle Rate”), the member will earn a $5 Reward. The Hurdle Rate and CPK RewardsTM earnings rate are subject to change at any time in CPK’s sole discretion, with or without direct notice. Any revised Terms of Use will be posted on the Sites and effective once posted. In addition, CPK may, in its sole discretion, periodically test different Hurdle Rates, Rewards Program levels, rewards structures, or earnings rates, or other benefits in one or more markets with or without notice, and may terminate such test programs with or without notice.
  6. CPK RewardsTM Benefit Levels: Beginning January 29, 2019, there will be four benefit levels of Rewards Program membership: Palm Member; VIP Member; Diamond Member, and Elite Member. Membership levels are determined by the number of points earned in each 12-month Calendar year (“Earning Period”). Once a Member achieves a certain benefit level, the member will remain at that level (or higher) for the remainder of the Earning Period, plus the entire following calendar year. For example, if a member accrues the minimum points required for the VIP level between January 1, 2019, and March 30, 2019, the Member will automatically become a VIP Member on March 30, 2019, and will retain VIP Member-status until December 31, 2020. Similarly, if the Member achieves Diamond Member-status by May 30, 2019, the member will retain Diamond Member-Status through the remainder of 2019, and for all of 2020. On the other hand, if the Member does not accrue sufficient points in the 2020 Earning Period to maintain their current benefit level, on January 1, 2021, the Member’s status will be reset to the Rewards Program benefit level that matches their points earned in 2020. 2019 Rewards Program benefit levels will be based on the number of points accrued during the 2018 Earning Period. Rewards Program benefit levels and benefits are subject to change at any time in CPK’s sole discretion, with or without notice.
  7. Points and Benefits of Each Benefit Level:
    • Palm Member. Points Required: 0-149 per Earning Period. All members are initially enrolled in the Palm Member level of the Rewards Program. In addition to accruing points and earning CPK RewardsTM, the benefits of the Palm Member level may include: One free small plate upon registration; a free Birthday Dessert, potential Discretionary Awards.
    • VIP Member. Points Required: 150+ per Earning Period. In addition to accruing points and earning CPK RewardsTM, VIP Members may receive a free birthday entrée, potential discretionary awards, as well as additional bonus point events throughout the year beyond what is offered to Palm Members.
    • Diamond Member. Points Required: 350+ per Earning Period. Diamond Members receive VIP Member benefits and in addition, may receive: a “half birthday” celebration free entrée, CPK RewardsTM to share with friends, and the ability to earn double points during their birthday month.
    • Elite Members receive Diamond Member benefits and in addition may receive: A free meal for four offer upon reaching the Elite level by earning 1,000 points in any Earning Period (only available once an Earning Period and starting with the 2019 Earning Period), the ability to skip to the front of the line, up to 4 people, if the restaurant has a wait (at the discretion of the local restaurant manager), and longer expiration dates for earned CPK RewardsTM.
  8. Redemption: CPK RewardsTM may be redeemed for food and non-alcoholic beverages at corporate-owned CPK Restaurants. They may not be redeemed for cash, used to purchase gift cards, alcoholic beverages, or retail items, or to pay for tax, gratuity, or delivery charges, and may not be redeemed at airport, stadium, Mirage Hotel, Grand Sierra Resort in Reno, international or other franchised CPK locations. Members may redeem more than one $5 CPK Reward for a single purchase. CPK RewardsTM may not be redeemed during the same visit on which the Hurdle Rate is reached. CPK RewardsTM are personal to each Member and may not be sold, transferred, assigned, shared, or used for any commercial purpose.
  9. Expiration: Earned CPK RewardsTM will expire 90 days after they are earned by reaching a Hurdle Rate. Other benefits or discounts will expire as indicated in the accompanying communication.
  10. Maximum Redemption: A maximum of $1,000 in CPK RewardsTM may be redeemed in a one-month period.
  11. Discounts: Certain discounts and special purchases cannot be combined with CPK RewardsTM. CPK reserves the right to refuse to permit CPK RewardsTM to be redeemed in connection with discounted items.
  12. Sweepstakes, Contests, and Other Promotions: The Rewards Program may offer sweepstakes, contests or other promotions that may have rules or their own terms and conditions. Members are required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate.
  13. Lost Rewards Card/Unauthorized Use: Report a lost CPK RewardsTM card or any unauthorized use of your account to CPK at www.cpk.com/cpkrewards. CPK will not be responsible for CPK RewardsTM or other benefits redeemed by an unauthorized user of the CPK RewardsTM card.
  14. Account Closure: A Member’s Rewards Program account may be closed by CPK in its sole discretion after 12 months with no activity.
  15. Suspension/Termination of Membership: CPK reserves the right in its sole discretion to suspend a Member’s membership in the Rewards Program in the event of any suspected misconduct, including suspending the Member’s ability to redeem CPK RewardsTM and/or other benefits earned or received in connection with his/her membership in the Rewards Program. If CPK concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the Member’s ability to redeem CPK RewardsTM and/or other or benefits earned or received in connection with his/her membership in the Rewards Program.
  16. Modification of Terms of Use: CPK reserves the right in its sole discretion to modify at any time these Terms of Use. Any such changes are effective immediately upon being posted on any of the Sites and the Member’s continued enrollment in the Rewards Program and/or use of the Sites confirms that they accept the changes and agrees to be bound by them.
  17. Termination of Rewards Program: CPK reserves the right in its sole discretion to terminate or change the Rewards Program at any time. If the Rewards Program is terminated, Members will no longer earn CPK RewardsTM or receive other benefits associated with the Rewards Program. Unless otherwise provided in writing by CPK, any unused CPK Reward or other Reward Program benefit will expire upon termination of the Rewards Program, and Member’s Rewards Program points will be set to zero.
  18. Ownership of Site Content: All of the contents of the Sites is owned and copyrighted by CPK and is protected as intellectual or proprietary property. Use of any of the Sites’ content without prior consent by CPK is strictly prohibited.
  19. Limitation of Liability and Disclaimer: Members use the Sites at their own risk. CPK is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing the Sites or using information on the Sites. The Sites and the information included on the Sites are provided by CPK “as is” without any warranty of any kind, either expressed or implied. CPK is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer or device related to participating in the Rewards Program. CPK’s liability for CPK RewardsTM or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other CPK RewardsTM or other benefits, while supplies last.
  20. Release: Member hereby releases and agrees to indemnify and hold harmless CPK from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of CPK RewardsTM or any other award or benefit.
  21. Links to Third Party Websites: The Sites may contain links to third-party websites or may permit Members to log in via the member’s account on a social media website or application. CPK does not have any control over these other websites and it is not responsible for their content or security. If a Member clicks on a link to an outside website or uses a social media account to log in to a Site, they do so at their own risk and is subject to the privacy policy, and terms and conditions of that website.
  22. Privacy: Any information that a Member provides to CPK will be treated in accordance with CPK’s Privacy Statement, located at www.cpk.com.
  23. Choice of Law: These Terms of Use are governed by and are to be construed in accordance with the laws of the State of California.
  24. Please read this section carefully: Disputes to Be Resolved Through Arbitration; Class Action Waiver: Except where prohibited by law and unless the Member opts out in the manner described below, by participating in the Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The American Arbitration Association’s current rules for consumer disputes can be found at https://www.adr.org/Rules. The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other rules referenced herein. Except as expressly authorized by governing law and only to that extent, the arbitrator shall not have the power to award punitive damages against CPK or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (b) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law; and (c) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  25. Election To Not Be Bound By Arbitration Policy: You may elect to opt out of the above Arbitration requirement within 30 days of the latter of (a) the date on which you enrolled in the Rewards Program or (b) the effective date of these Terms of Use (the “Arbitration Opt-Out Deadline”). To opt out, please send written notice of your election to opt out in one of the following ways: (x) by email to arbitrationoptout@cpk.com, or (y) by regular U.S. Mail to California Pizza Kitchen, Attention: Legal Department, 12181 Bluff Creek Drive., 5th floor Playa Vista, California 90094. Any election notice received after the Arbitration Opt-Out Deadline (allowing five additional days for mailing) will not be valid. The election notice must state your name, mailing address, phone number and email address and a statement that you are electing to not be bound by the Arbitration Policy. CPK does not have a preference as to whether you elect to not be bound by this Arbitration Policy. Opting out of the arbitration agreement will not impact your enrollment in the Rewards Program.
    Click Here For CPK RewardsTM 2018.
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