CHAMPAGNE FRENCH BAKERY CAFE REWARDS PROGRAM RULES


The Champagne French Bakery Cafe (“CFBC”) Rewards Program (the “Cafe Program”) and Champagne French Bakery Cafe Catering Rewards Program (the “Catering Program”) (together, the “Program”) are promotional programs offered as a reward for loyal Champagne French Bakery Cafe guests, subject to the following terms and conditions (the “Program Rules”).

These Program Rules are a legal and binding agreement between you and CFBC which govern your use of enrollment and participation in the Program. Do not use or participate in the Program if you do not agree with these program rules.

CFBC may modify the Program Rules from time to time, with or without notice to you as required under applicable law. Any changes to the Program Rules shall be effective as of the date indicated on the updated Program Rules.

Content

All content (“Program App”) downloaded and/or displayed on the Program App is owned by CFBC and protected by copyright, trademark, and/or other intellectual property rights. CFBC grants you a personal, non-exclusive, non-transferrable, limited right to access, use, and download the Program App for non-commercial purposes. You may not copy, distribute, transmit, publish, license, modify, create derivative works from, or sell the Program App or any of its content. You agree to use the Program App in accordance with these Program Rules and all applicable laws and regulations.

Eligibility

Enrollment in the Program is open to any person who, (i) is a legal resident of the United States; (ii) is at least 13 years of age at the time of enrollment; (The Program is not intended for use by anyone under the age of 13. If you are between the ages of 13 and 18 you may only participate in the Program with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Program Rules); and, (iii) has a valid email address and smart device.

Enrollment

There are no membership fees associated with the Program. To enroll in the Program and establish your Program Account (become a “Member”), visit www.champagnebakery.com, from the applicable App store, download the Program App and sign up by completing the enrollment form. Your Program Account is personal to you and may not be sold, transferred, assigned to, or shared. Only one Cafe Program and one Catering Program Account per person is permitted. CFBC may send you Program information and promotional offers in the form of push notifications, email, or other communication methods you select at enrollment in the program. You may email rewards@champagnebakery.com to update your contact information or communication preferences at any time. Please review our Privacy Policy at www.champagnebakery.com/privacy-policy (“Privacy Policy”) incorporated herein which governs your use of the Program App and the privacy practices of CFBC. CFBC reserves the right to audit any Program Account at any time. Standard text and messaging rates apply for which you are responsible.

In connection with your enrollment you agree to, (i) provide true and accurate information; (ii) promptly update your information to ensure it is true and accurate; (iii) maintain the confidentiality of your information and your log-in information including your password; (iv) to promptly notify CFBC immediately of any unauthorized use of your Program Account, your log-in, or any other breach of security; and, (v) not use the Program Account or log in information of anyone else.

Program

Members earn Cafe Program Points (as defined hereafter) for dine in and take-out purchases only. Catering Program Points (as defined hereafter) may be earned for catered take-out and delivery purchases placed either in a CFBC cafe or online at www.champagnebakery.com only (together, “Eligible Purchase(s)). No Points will be earned on purchases made through third-party delivery service providers, taxes and/or gratuities, or on purchases of alcohol and/or gift cards.

When making an Eligible Purchase, scan the bar code on the Program App. For each $1.00 spent on CFBC food and beverages (excluding tax, gratuities, gift cards, and alcohol) 1 reward point (“Point(s)”) is earned. Additional Points may be earned through special promotions. Points earned for a particular Eligible Purchase will generally be reflected on the bottom of your receipt and in your Program Account within twenty-four (24) hours of completion of an Eligible Purchase. For discounted Eligible Purchases, points will be earned on the discounted amount of the Eligible Purchase. If you fail to use the Program App or tell the cashier you are a Program Member, you may email a photo of your receipt to rewards@champagnebakery.com within forty-eight (48) hours of the Eligible Purchase to receive Points.

Redemption of Points/Rewards

Cafe Program
For every 50 Cafe Program Points earned, a $3 Reward will be loaded into your Program Account. Points reset to zero after 365 days of non-usage. Points reset to zero when member receives Reward. All Rewards expire after 6 months.
Catering Program
Members may earn Catering Program Points for catering-specific purchases. For every 200 Catering Points earned, a $10 Reward will be loaded into your Program Account. *Catering Program Points may be redeemed in combination with other CFBC catering discounts as may be offered from time to time. Points reset to zero when member receives Rewards. All Rewards expire after 6 months. Cannot earn points toward Catering Rewards for Cafe purchase items.
General Redemption Terms
Only one Reward may be redeemed per transaction and, except with regard to the Catering Program*, may not be combined with any other discounts or coupons. Rewards are not a gift card, debit or credit card and you have no property or other legal interest in the Rewards. Rewards are promotional, have no cash value, and may not be redeemed for cash, cash equivalent products, taxes, gratuities, or gift card purchases. There is no cash surrender value for unused rewards. In addition to those earned by accumulating Points at time of purchase, Rewards may be awarded as a Member welcome, to recognize a Member birthday, and at such other times as CFBC may, at its sole discretion, deem appropriate. CFBC may modify the Program Rewards or substitute Rewards with Rewards of comparable value at any time with or without notice.

Modification/Suspension/Termination of the Program or Member Program Account

CFBC may also, at its sole discretion at any time and for any reason, terminate, modify, or suspend the access to or operation of the Rewards App or any portion thereof including, but not limited to, (i) maintenance and support purposes; (ii) modify the requirements for earning Points; or, (iii) modify any Reward or any other feature of the Program. Upon termination of the Program each Member must redeem accumulated Rewards within ninety (90) days of the Program termination date which will be posted at www.champagnebakery.com.

CFBC may terminate and/or restrict use of and access to the Program Account of any Member if, in our sole discretion, we determine any Member, (i) has violated the Program Rules; (ii) has not earned Points or otherwise has been inactive for 365 days; or, (iii) has established more than one Program Account or uses his or her Program Account in a manner that is unauthorized, deceptive, fraudulent, or unlawful.

No Warranties/Limitation of Liability

By enrolling in the Program, Members agree that the Program is provided on an “as is” and “as available” basis and CFBC, its officers, employees, directors, partners, and members (collectively, “Released Parties”) expressly disclaims all representations and warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, non-infringement, accuracy, merchantability, or fitness for a particular purpose. Without limiting the foregoing, CFBC does not guaranty the Program will be error-free, uninterrupted, free of viruses or other harmful components, or that any defects will be corrected. You agree the Released Parties shall not be liable for any damages whether direct or indirect and whether in contract, tort, strict liability, or otherwise arising out of or in connection with the Program. CAUTION: any attempt by a Member to deliberately damage or undermine the operation of the Program is a violation of criminal and/or civil laws and should such attempt be made, CFPB may seek damages and other remedies to the fullest extent permitted by law.

Communications

By visiting the App or sending us emails you are communicating electronically. You agree that all communications that we send you electronically, including, but not limited to, agreements, notices, disclosures, and Program updates, satisfy any legal requirements that such communications be in writing and any such notices are deemed to be given and received on the date transmitted.

By enrolling in the Program, you authorize CFBC, our subsidiaries and affiliates, and our third-party contractors engaged in connection with the Program, to contact you via email or text message regarding the Program including periodic updates about the Program and other CFBC announcements and promotions. You may opt out of receiving such communications by emailing us as rewards@champagnebakery.com If you opt out, you authorize CFBC, our subsidiaries and affiliates, and third party contractors to send you an email and/or text message confirming opt out.

Privacy

By enrolling in the Program, you authorize CFBC, our subsidiaries and affiliates, and our third-party contractors engaged in connection with the Program to share information about you and your Program Account among one other as necessary to effect, administer, enforce, service, maintain, and fulfill the Program. Any personal information collected about you in connection with the Program is subject to our privacy policy available at www.champagnebakery.com/privacy-policy/.

Governing Law and Venue

The Program and its interpretation, validity, performance, and enforcement will be governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction of the federal and state courts in San Diego, California in any action or claim arising out of, under, or in connection with the Program. In the event any party shall be required to commence any action or proceeding against the other party in connection with the Program, the party prevailing in such action or proceeding shall be entitled to recover from the other party the prevailing party’s actual attorney’s fees and costs, including but not limited to expert witness fee, witness fees, and all other fees and costs whether or not the proceeding or action proceeds to judgment.

Severability

Should a court of competent jurisdiction find any of the provisions of these Program Rules to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof and the remainder of the provisions will continue in full force and effect.
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