The Peetnik Rewards Program Terms and Conditions
Effective Date: July 18th, 2018
The Peetnik Rewards Program Terms and Conditions (these "Terms and Conditions") set forth the terms and conditions, including an Arbitration Agreement, applicable to The Peetnik Rewards Program (the "Program"), available through the Peetnik Rewards mobile app (the "App"). In these Terms and Conditions, "you" and "your" refer to the person who has registered for the Program. "We", "us" and "our" refer to Peet's Coffee, Inc. a Virginia corporation.
Program Membership Qualifications
You must be at least thirteen (13) years of age and reside in the United States in order to register for the Program. Only retail consumers may register for the Program. Participation in the Program requires download and use of the Peetnik Rewards mobile app (the "App") for iOS and Android devices. You can download the App from the Apple App Store or Google Play.
Communications Regarding the Program
By participating in the Program, you agree to receive communications from Peet's, including emails and push-notifications, regarding the Program and concerning offers and promotions that may be of interest to you. If you opt out of receiving emails and decline to receive push notifications from the App, you may be precluded from participating and receiving the benefits of the Program. You are responsible for keeping your contact information up-to-date with Peet's. Lost, stolen or expired Rewards or Points will not be replaced. Peet's is not responsible for communications, including Points, Rewards, Birthday Rewards, Welcome Rewards and Promotional Offers lost due to change of address or changes in other contact information.
Registration and Verification for the Program
You may register for the Program and create your account ("Account") via the App. If you register via the App using your Facebook account, we will collect the public profile information in your Facebook account and will ask you to provide a phone number and birth date. You will also be asked to choose a password.
After you register, verify your Account, and complete your first check-in you will be eligible to receive one (1) point ("Point") per visit with a transaction of $0.01 or more ("Visit") (after any applicable discounts but before taxes) at any Peet's participating location, subject to certain exclusions. You will not receive Points for charitable donations. You will receive three (3) points per visit if such visit includes the purchase of at least 1 lb. of coffee beans (either 1lb of a single bean/blend or two (2) half-pound bags, which may be of two different bean types/blends) for more than $0, with a maximum of one such three-point accrual per day. Not valid on any other custom 1 lb. bean blends or previous purchases.
Except as set forth in the "Mobile Order Ahead" paragraph below, tender for your purchases may be in cash, credit or debit card, or a Peet's stored value card (physical or digital).
In order to receive Points, you must check in using the App on your mobile device at any participating location or by providing your telephone number to a Team Member to enter into the Point of Sale system. You must check in prior to your purchase transaction being completed by the Team Member. If you order via Peet's "Mobile Order Ahead" option, your check-in is automatically applied with your purchase.
Subject to the preceding sentence, Points received will be posted to your Account not later than twenty-four (24) hours after the applicable qualifying purchase. The Points available at any time in your Account will equal the aggregate amount of Points received less the aggregate amount of Points converted into Rewards (the "Available Points Balance").
You will not receive points for purchase transactions at non-participating locations, such as licensed partners and Proudly Pouring locations that are owned and operated by third parties. You will only receive points for purchase transactions ("Visits"), where the value of the purchase transaction or "Visit" is greater than $0.01, and for Order Ahead purchases greater than $0.01. You will not receive one (1) point when redeeming a Reward, Welcome Reward or Birthday Reward unless an additional item is purchased which brings the transaction total to $0.01 or greater. You may not split one visit into multiple transactions solely for the purpose of accumulating additional rewards. You may accrue multiple points per visit only through Promotional Offers that offer bonus points or points multipliers. You will not receive points for purchases of Peet's Cards or for reloading value onto an existing Peet's Card.
Mobile Order Ahead
You must join the Peetnik Rewards program and download the Peetnik Rewards app to use the Peet's mobile order ahead option ("Mobile Order Ahead"). You must pay for any Mobile Order Ahead order with a digital Peet's stored value card only. An Order Ahead order of greater than $0.01 counts as a check-in and earns you one point. You can apply offers and rewards at checkout of your Mobile Order Ahead order.
Conversion of Points into Rewards
When you have accrued fifteen (15) Points in your Account, we will automatically convert them into one (1) Reward. The Rewards available at any time in your Account will equal the aggregate amount of Rewards converted from Points, less (a) the aggregate amount of redeemed Rewards and (b) the aggregate amount of expired Rewards ("Available Rewards Balance").
Welcome Beverage Reward
After registering for the program and completing your first purchase with check-in, we will post a one-time Welcome Reward ("Welcome Reward") for one (1) complimentary beverage of your choice to your Account. The Welcome Reward excludes all bottled reach-in-cooler beverages. The Welcome Reward is valid for fourteen (14) days after it is posted to your account and can be redeemed with check-in at all participating Peetnik Rewards Peet's locations.
Upon registering for the Program, verifying your Account and completing a first purchase, we will post a reward for one (1) complimentary beverage of your choice to your Account on your birthday ("Birthday Reward"). Birthday Rewards are not received retroactively. Birthday Rewards expire fourteen (14) days after posting to your Account. You are eligible to receive one (1) Birthday Reward per year.
We may post certain promotional offers ("Promotional Offers") to your Account. Promotional Offers will be subject to the terms and conditions of each respective Promotional Offer, including, without limitation, qualifying purchases and applicable expiration dates.
Redemption of Rewards, Birthday Rewards, Welcome Rewards and Promotional Offers
You may only redeem a Reward for one (1) complimentary behind-the-bar beverage at participating locations. In order to redeem a Reward, Birthday Reward, Welcome Reward or Promotional Offer, at the time of purchase you may either: (i) select the reward in your App feedand "check in" at the store location or (ii) check-in and request that a Team Member select and redeem a Reward that is in your inbox. You can apply a reward for Mobile Order Ahead when you review your order, prior to checking out. Each time you redeem a Reward, Birthday Reward, Welcome Reward, or Promotional Offer, we will remove it from your Account.
You may not redeem Points, Rewards, Welcome Rewards, or Birthday Rewards for cash, except as required by law, and they have no cash value. You do not own Points, Rewards, Welcome Rewards, or Birthday Rewards, which can be changed or eliminated by Peet's at its discretion at any time.
You may use more than one (1) Reward, Birthday Reward or Welcome Reward and up to one (1) Promotional Offer (or any combination thereof) in the same transaction. You may not, however, use a Reward, Birthday Reward, or Welcome Reward to satisfy any requirement of any Promotional Offer that requires you to purchase any item. For example, if you have received a buy-one-get-one-free Promotional Offer, you cannot use a Reward, Birthday Reward, or Welcome Reward for one item and then receive one free as part of the Promotional Offer. Rewards, Welcome Rewards, Birthday Rewards and Promotional Offers cannot be combined with any other type promotion or offer that may be offered from time-to-time by Peet's outside of the Peetnik Rewards program.
Expiration of Rewards, Birthday Rewards, and Promotional Offers
Rewards shall expire thirty (30) days following conversion from Points. Birthday Rewards and Welcome Rewards shall expire fourteen (14) days after being posted to your Account. Promotional Offers shall expire in accordance with their respective terms and conditions.
Loading Your Digital Card
When you sign up for Peetnik Rewards, you are assigned one (1) digital Peet's card to be used through the App. You may add value to your digital card from existing Peet's Cards via the App or online at www.peets.com.
Unauthorized Access or Use
We are not responsible for any unauthorized access of your Account or any unauthorized use of any Reward, Birthday Reward, Welcome Reward, or Promotional Offer in your Account. If you believe any such unauthorized access or use has occurred, you may notify us at firstname.lastname@example.org or 1 (800) 999-2132. Upon receipt of such notification, we will help you to set up a new account and transfer your existing points and rewards balance (if any). However, we will not reinstate rewards which were redeemed by an unauthorized user of your account.
Balance Inquiry and Transaction History
You may check the Available Points Balance and Available Rewards via the App or online. Your Available Points Balance and Available Rewards Balance shall equal the amounts reflected in our records, unless you can prove otherwise to our satisfaction. If you are interested in the complete transaction history of your account, contact us at email@example.com or 1 (800) 999-2132.
Cancelling Your Membership in the Program
You may cancel your membership in the Program by contacting us at firstname.lastname@example.org or 1 (800) 999-2132. Once you have opted out of the Program, you may not receive additional Points in your Account, and the Available Points Balance in your Account shall expire immediately. You may continue to redeem the Available Rewards Balance [and any Birthday Reward, or Promotional Offers] in your Account prior to their applicable expiration dates.
Points, Rewards, Birthday Rewards, Welcome Rewards, and Promotional Offers may not be transferred.
Revocation and Termination of Account or Program
We reserve the right to cancel, terminate, suspend, or revoke your Account at any time in our discretion, without prior notice, subject to applicable law. Upon cancellation, termination, suspension, or revocation of your Account, you may not receive additional Points in your Account, and the Available Rewards Balance, any Welcome Reward, any Birthday Reward and Promotional Offers in your Account shall expire immediately.
We reserve the right to cancel, terminate, or suspend the Program at any time in our discretion, upon thirty (30) days' prior notice. Upon cancellation, termination, or suspension of the Program, you may not receive additional Points, and the Available Points Balance in your Account shall expire immediately. Upon cancellation, termination, or suspension of the Program, you may continue to redeem the Available Rewards Balance and any Birthday Reward, Welcome Reward or Promotional Offers in your Account prior to their applicable expiration dates.
ARBITRATION IF A DISPUTE ARISES ("Arbitration Agreement")
Scope of Arbitration Agreement. Any legal dispute between you and Peet's concerning or arising out of the Program, including the App, your Account, the Points, Rewards, Birthday Rewards, Welcome Rewards, and Promotional Offers, including any other communications between you and Peet's, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or Peet's may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 60 days after you register for the Program by calling or sending a letter to Peet's, contact information below. You should include your printed name, mailing address, and the words "Reject Arbitration."
Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Peet's at the address below or (2) to you at the billing address on file with Peet's. Both you and Peet's agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at 1 (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Peet's agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with Peet's). If you live outside the United States, any arbitration will take place in Alameda County, CA. Peet's will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys' fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Peet's also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Peet's hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
Disclosure of Information to Third Parties
To the extent permitted by law, we may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions at peetnikrewards.com. Please check the https://www.peets.com/pr-terms-of-service frequently for any updates or revisions to these Terms and Conditions. Unless otherwise indicated by us, any amendments shall apply to any transactions occurring on or after the effective date of the amendments. Except where prohibited by law, the receiving of Points or the redemption of any Rewards, Birthday Rewards, Welcome Rewards, or Promotional Offers after the effective date of any amendment shall confirm that you agree to the amendment. If you do not agree to an amendment, you must opt out of the Program in accordance with Section 13.
You may ask a question, request that we update your information, or submit a complaint by contacting us at:
Peet's Coffee Home Office
Attention: Peetnik Rewards Customer Service
1400 Park Ave
Emeryville, CA 94608
Customer Service: 1 (800) 999-2132 Monday through Friday, 6 A.M. – 6 P.M. PT (From Mexico and countries outside of North America, please call 1 (510) 594-2950) email@example.com