California Pizza Kitchen Pizza Dough Rewards Program Terms and Conditions(effective March 4th, 2013)
In order to register for the California Pizza Kitchen Pizza Dough Rewards Program (“Rewards Program”) and to access and use the Rewards Program website (“Site”), you must agree to these Terms and Conditions as follows:
- Eligibility: The Rewards Program is only available to 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 Member and a maximum of four accounts are allowed per household.
- Enrollment: In order to enroll as a “Member” of the Rewards Program, you must provide California Pizza Kitchen, Inc. (“CPK”) with your name, email address, a password, address, and phone number.
- Earning Rewards: Members earn “Pizza Dough” by making qualifying purchases at CPK restaurants; Pizza Dough will not be earned for any taxes, gratuities, or delivery charges paid, for purchases of gift cards or alcoholic beverages, or for purchases made with Pizza Dough. CPK in its sole discretion may also award Members Pizza Dough and other rewards, e.g., free food, for the Member’s specific behavior or special events.
- “Hurdle Rate:” For every $100 in qualifying purchases, a Member will earn $5 in Pizza Dough. The Hurdle Rate is subject to change and any change will be reflected in the updated Terms and Conditions, as contemplated herein.
- Redemption: Pizza Dough may be redeemed for food and beverages (excluding alcoholic beverages) sold at CPK restaurants. It may not be redeemed for purchases of gift cards, tax, gratuity, cash or delivery charges. Members may redeem more than one $5 Pizza Dough for a single purchase. Pizza Dough may not be redeemed during the same visit in which the Hurdle Rate is reached.
- Expiration: Pizza Dough will expire 90 days after earned by reaching a Hurdle Rate, and other rewards will expire as indicated on the reward.
- Maximum Redemption: A maximum of $1,000 Pizza Dough may be redeemed in a one month period.
- 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.
- Lost Rewards Card: Report a lost Rewards Card to CPK at www.cpk.com/pizzadough. CPK will not be responsible for Pizza Dough or other rewards redeemed by an unauthorized user of the Rewards Card.
- Account Closure: A Member’s Rewards Program account will be closed after 12 months with no activity.
- 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 Pizza Dough and/or other rewards earned 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 Pizza Dough and/or other rewards earned in connection with his/her membership in the Rewards Program.
- Modification of Terms and Conditions: CPK reserves the right in its sole discretion to modify at any time these Terms and Conditions. Any such changes are effective immediately and the Member’s continued enrollment in the Rewards Program and/or use of the Site confirms that he/she accepts the changes and agree to be bound by them.
- Termination of Rewards Program. CPK reserves the right in its sole discretion to terminate the Rewards Program. If the Rewards Program is terminated, Members will no longer earn Pizza Dough or other rewards. Any Pizza Dough or other rewards will expire as stated on the Pizza Dough or other rewards, unless otherwise provided for herein.
- Ownership of Site Content: All of the contents of this Site are owned and copyrighted by CPK and are protected as intellectual or proprietary property. Use of any of the Site content without prior consent by CPK is strictly prohibited.
- Limitation of Liability and Disclaimer: Members use the Site 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 this Site or using information, services or merchandise provided through CPK. This Site and the information included on the Site 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 related to participating in the Rewards Program. CPK’s liability for Pizza Dough or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Pizza Dough or reward, while supplies last.
- 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, death or 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 Pizza Dough or any other reward.
- Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of California.
- Disputes to Be Resolved Through Arbitration: Except where prohibited by law, 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 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 and Conditions and any of the other rules referenced herein. 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) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (b) 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. If any provision or provisions of these Terms and Conditions 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.