Terms and Conditions

Updated as of August 18, 2015

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These Terms and Conditions govern your use of this website and its content and, unless otherwise stated, your use of any other related website and/or mobile application owned or operated by FOCUS Brands Inc. or any of its affiliates or subsidiaries, including, but not limited to FOCUS Brands Holdings Inc., Carvel Corporation, FOCUS Brands Rewards, Inc., Schlotzsky’s Stores LLC, Moe’s Franchisor LLC, Cinnabon, Inc., Schlotzsky’s Franchise LLC, Moe’s Stores LLC, Auntie Anne's, Inc., Auntie Anne’s Food, Inc., McAlister’s Louisiana LLC, and McAlister’s Corporation (collectively referred herein as “FOCUS Brands”) or operated on behalf of FOCUS Brands (collectively, the “Website”).

  1. AGREEMENT TO TERMS BY USER

By using the Website, you acknowledge and accept without limitation or qualification, these terms, conditions, and notices (“Terms and Conditions”), and our Privacy Policy, which is incorporated herein by reference.

FOCUS Brands reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.

Each time you use the Website, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Website. By using the Website, you also accept that any prior agreements between you and FOCUS Brands regarding your use of the Website are hereby superseded.

  1. LINKS TO THIRD PARTY SITES

The Website may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of FOCUS Brands and FOCUS Brands is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FOCUS Brands is not responsible for webcasting or any other form of transmission received from any Linked Site. FOCUS Brands is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FOCUS Brands of the site or any association with its operators.

  1. RESTRICTIONS ON USE

You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions.

Material from the Website and any other website and/or mobile application owned, operated, licensed, or controlled by FOCUS Brands may not be copied, distributed, republished, modified, uploaded, incorporated, posted, or transmitted in any way, without the prior written consent of FOCUS Brands, except that you may print, display or download the Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on theWebsite is provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use, but remain with FOCUS Brands, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Website.

Linking, or any other manner of incorporating the whole or parts of this Website including the framing of this Website by sites or site elements controlled by third parties is strictly prohibited.

  1. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to FOCUS Brands that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Website. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.

  1. USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

FOCUS Brands has no obligation to monitor the Communication Services. However, FOCUS Brands reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you. FOCUS Brands reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FOCUS Brands reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FOCUS Brands’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FOCUS Brands does not control or endorse the content, messages or information found in any Communication Service and, therefore, FOCUS Brands specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FOCUS Brands spokespersons, and their views do not necessarily reflect those of FOCUS Brands.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

  1. SUBMISSIONS GENERALLY

All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards or other information communicated to FOCUS Brands through the Website (collectively, a "Submission") will forever be the property of FOCUS Brands. FOCUS Brands will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing or submitting your Submission you acknowledge that you and not FOCUS Brands have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Anything you transmit or post becomes the property of FOCUS Brands and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.

No compensation will be paid with respect to the use of your Submission, as provided herein. FOCUS Brands is under no obligation to post or use any Submission you may provide and may in FOCUS Brand’s sole discretion remove any Submission at any time, for any reason, without notice to you.

FOCUS Brands may from time to time monitor Submissions on the Website however, FOCUS Brands is under no obligation to do so. FOCUS Brands assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. FOCUS Brands will fully cooperate with any law enforcement authorities or court order requesting or directing FOCUS Brands to disclose the identity of anyone posting any such information or materials.

  1. IDEA SUBMISSIONS

FOCUS Brands and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (collectively, “Idea Submissions”) in any form to FOCUS Brands or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when FOCUS Brands products or marketing strategies might seem similar to ideas submitted to FOCUS Brands. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:

You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of FOCUS Brands, without any compensation to you; (2) FOCUS Brands may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for FOCUS Brands to review Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.

  1. PRODUCT FEEDBACK

FOCUS Brands welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at contactus@focusbrands.com. Please provide only specific feedback on FOCUS Brands’ existing products or marketing strategies. Any feedback you provide at this site shall be deemed to be non-confidential. FOCUS Brands shall be free to use such information on an unrestricted basis.

  1. JURISDICTION

Except as described otherwise, all materials in the Website are made available only to provide information about FOCUS Brands or the respective brand under FOCUS Brands. FOCUS Brands, or its designee, controls and operates this site from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.

  1. DISCLAIMER/RESTRICTION OF LIABIILTY

FOCUS Brands will not be liable for any damages or injury caused by the Website, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOCUS BRANDS AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOCUS BRANDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. FOCUS BRANDS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

The material, software, products, and services in the Website, or available through the Website, may include technical inaccuracies or typographical errors. FOCUS Brands is not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. FOCUS Brands may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FOCUS BRANDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

FOCUS BRANDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOCUS BRANDS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOCUS BRANDS NEITHER WARRANTS NOR REPRESENTS YOU’RE YOUR USE OF MATERIALS DISPLAYED ON THEWEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. FOCUS BRANDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOCUS BRANDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FOCUS BRANDS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

The Website contains downloadable materials as well as links to external sites. FOCUS Brands is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any link to such sites does not imply endorsement by FOCUS Brands of the sites. You understand that FOCUS Brands cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

  1. EMPLOYMENT

FOCUS Brands and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. FOCUS Brands is an equal opportunity employer committed to a diverse workforce. FOCUS Brands franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless FOCUS Brands and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

  1. TERMINATION

FOCUS Brands or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all FOCUS Brands websites and/or mobile applications, and (b) all related documentation and all copies and installations (together, the "Materials"). FOCUS Brands reserves the right, in its sole discretion, to terminate this agreement, including your access to the Website and the related services or any portion thereof immediately and for any reason without notice to you. Upon termination, you must destroy all Materials.

  1. MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FOCUS Brands as a result of these Terms and Conditions or use of the Website. FOCUS Brands’ performance of this Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of FOCUS Brands’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by FOCUS Brands with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by the user, these Terms and Conditions constitute the entire agreement between the user and FOCUS Brands with respect to the Website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FOCUS Brands’ products and services are available in many parts of the world. However, the Website may describe products and services that are not available worldwide.

  1. COPYRIGHT AND TRADEMARK INFORMATION

All trademarks used herein are owned by the FOCUS Brands unless otherwise stated. All other third party trademarks used on the Website are the property of their respective owners used under license by FOCUS Brands. Any rights not expressly granted herein are reserved.

All contents of the Website are: Copyright 2014 FOCUS Brands All Rights Reserved.

  1. PATENT INFORMATION

Portions of the websites located at www.auntieannes.com, www.carvel.com, www.cinnabon.com, www.moes.com, www.mcalistersdeli.com, and www.schlotzskys.com are licensed under U.S. Patent No. 5,930,474.

  1. INQUIRIES

Please direct all inquiries related to the FOCUS Brands Website Terms and Conditions to:

FOCUS Brands
Attn: GENERAL COUNSEL
200 Glenridge Point Parkway, Suite 200
Atlanta, GA 30342
404-255-3250

 

 

MOE’S ROCKIN’ REWARDS RULES

 

Moe’s Franchisor LLC (“Moe’s,” “we” or “us”) started its Moe’s Rockin’ Rewards program (the "Program") to recognize and reward our loyal Moe’s restaurant Guests. We offer the Program at participating Moe’s restaurants in the United States. If you want to take advantage of the benefits (“Rewards”) that we offer to members of the Program, then you must agree to these terms and conditions ("Rules").

 

ELIGIBILITY

 

You may enroll in the Program if: (a) you are a legal resident of the United States, (b) you are at least 13 years of age at the time you enroll, (c) you have a postal address that the United States Postal Service recognizes, (d) you have an active e-mail address and a smartphone number (rewards can only be earned and accessed through a smartphone), and (e) you are a human being. Only human beings may enroll in the Program. No corporations, partnerships, limited liability companies, trusts, or other legal entities may enroll. The Program is not targeted towards, nor intended for use by, anyone under the age of 13.

 

ENROLLING

 

To enroll in the Program, download the Rockin’ Rewards app (the “App”) on the Google Play or Apple Store or online at www.moes.com/rockinrewards (the "Website") and follow the steps below. You will also have the option of joining the Program through Facebook on the app. If you do not have a smartphone, you can enroll on the Website by following the steps below.

 

Enrolling in the Program is simple:

 

Joining through the App:

 

1.    Download the App from either Google play or Apple Store by searching “Rockin’ Rewards” or “Moe’s” on your smartphone.

2.    Sign in with your name, email address, smartphone number, date of birth and password.

3.    Start earning rewards right away!

 

Joining through Facebook within the App:

 

1.    Download the App from either Google play or Apple Store by searching “Rockin’ Rewards” or “Moe’s” on your smartphone.

2.    Click the “Sign up with Facebook”, if you not logged into Facebook through your smartphone currently, it will prompt you to do that at that time.

3.    Earn 50 free points for signing up with your Facebook account*.

4.    Start earning rewards right away!

 

*This is a one-time offer, only available upon initial registration for the App.

 

By joining and using the Program through Facebook, you hereby release Facebook from any and all liability in connection with the Program. You also acknowledge that the Program is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing information to Moe’s by joining the Program, not to Facebook.

 

Joining through the Website:

 

1.    Go to www.moes.com/rockinrewards  

2.    Sign in with your name, email address, smartphone number, zip code, date of birth and password.

 

We will use your contact information to keep in touch with you in the ways you select when you enroll in the Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log onto the App and update your contact information or preferences.

 

If any information you provide us is not truthful, accurate and complete, we may block you from enrolling in the Program, or we may cancel your membership in the Program. Each person may have only one Program account (“Program Account”). If Moe’s finds that you have created multiple Program Accounts, we may cancel all Program accounts you have created. Further, Moe’s may refuse to allow you to re-enroll in the Program.

 

We do not anticipate having to limit the number of people that we will allow to enroll in the Program, but we reserve the right to do so.

 

We do not charge you a fee to enroll in the Program or to remain a member of the Program.

 

KEEPING IN TOUCH WITH YOU

 

As a part of the Program, Moe’s will send to you informational and promotional messages to the contact information that you provide as part of your registration, such as messages informing you of improvements we make to the Moe’s Program, new Rewards you may earn, Rewards you have earned that may be ready to expire, new menu items you may want to try, and events happening in Moe’s restaurants. These communications may happen in the form of push notifications through the App and/or email. We may find new ways of contacting you and we will inform you prior to any such changes.

 

Contacting You through Push Notifications through the App

 

After downloading and opening the App, you will be prompted to either allow or not allow push notifications to be sent to your phone from the App. By opting into the Program push notifications, you ensure you never miss a special promotion. But, you may opt out of receiving push notifications from the App; you are not required to opt-in to allowing Moe’s to send you push notifications through the App to become or remain a Program member.

 

Contacting You by Email

 

Upon joining the Program, you will begin to receive two types of emails from us. The types of emails are detailed below.

 

Account Transaction Emails:

 

Each time you receive points (as detailed below) and each time you redeem a Reward (as detailed below), we will send you an email detailing the transaction.

 

As a condition of enrolling in the Program, you agree that Moe’s may send you these account transaction messages by email to the email address associated with your Program Account. If at any time you no longer wish to receive such account transaction messages, you may cancel your Program Account as described below in the How and When Membership May End section of the Rules. Please note that if you unsubscribe from the account transaction emails, Moe’s will de-activate your Program Account and you will forfeit all points, Rewards and other benefits of being a Program member that you may have earned.

 

Promotional Emails:

 

As a member of the Program, you are eligible to receive exclusive insider news and special offers, as well as have the opportunity to share your thoughts and give feedback. We will send you this information by email to the email address associated with your Program Account. If at any time you no longer wish to receive such promotional emails, you may “opt out” and remove yourself from the email list by clicking “Unsubscribe” at the bottom of one of these emails and following the steps provided. Unsubscribing from these promotional emails will not de-activate your Program Account; you are not required to receive these promotional emails to remain a member of the Program.

 

PRIVACY

 

We will use the information you provide us when you enroll and when you update your information in the manner described in our Privacy Policy. You may read our Privacy Policy by clicking on the Privacy Policy button where it appears on this Website. If we revise our Privacy Policy, then these Rules will automatically refer to that revised Privacy Policy once we publish it on our Web site.

 

You will need your e-mail address and Program password to access your Program Account, or, if you registered with your Facebook, you can log in to your Program Account through your Facebook account. You are responsible for keeping the information you use to access your Program Account (i.e., the password for your Program Account, Facebook account,) private and secure. If someone besides you learns your Program Account password or learns your Facebook account information, and uses your password or Facebook account to access your Program Account, then you will be responsible for any actions that person takes as to your Program Account.

 

THE BENEFITS OF BEING A ROCKIN’ REWARDS PROGRAM MEMBER

 

Earning Points towards Rewards: Qualifying Purchase

 

Members will earn and receive points toward Rewards by making qualified purchases at Moe’s® restaurants and scanning the bar code on the receipt from your purchase with the built in scanner in the App (as detailed below). You will earn 10 points for every $1.00 spent. When you earn 1,000 points, you’ll receive a $10 credit. A purchase made using a Moe’s gift card, in whole or in part, is eligible to earn points.  The purchase of a Moe’s gift card(s) is not eligible to earn points. Further, you may only earn points twice in a 24 hour period.  

 

 

To receive points for a qualified purchase, scan the bar code on the receipt from your purchase with the built in scanner in the App or scan your smartphone at the time of purchase with the scanner at the check-out counter. After this verification, the points to which you are entitled will be applied to your Program Account. You can track the points and Rewards you have already earned and that you may earn in the future by logging into your Program Account through the App.

 

Earning Points towards Rewards: Social Media Sharing & Referral Bonuses

Members can also receive 100 extra points for every friend they refer who joins our Program and starts earning points. This incentive encourages social sharing, but it’s important to understand extra points will not be awarded until the referred member downloads the App and earns their first points. Guests earn 50 points when they sign up with a member’s referral code. When a member’s friends sign up using the member’s referral code, the member receive 100 points when their friend makes a purchase and scans to earn in a Moe’s restaurant. 

Referrals must be made directly through the platforms provided in the Invite Friends section of the App. Posting referral codes online is prohibited. Moe’s reserves the right to freeze and reset a member’s account or otherwise limit a member’s account privileges based on a violation of the referral program requirements. 

If guests weren’t referred by a member, they have the choice to skip this option within the App and register on their own. 

You can also share your Moe’s experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may re-use your comment on the official Moe’s Facebook page and/or other social media outlets. 

Exclusive Insider News & Special Offers

 

Program members will have access to exclusive ‘insider’ information – including being one of the first to hear about select new menu items, special promotions, system-wide events, etc.  Members will learn about Limited Time Offerings and special promotions through push notifications and/or emails sent through the Program. These details will also be housed within in the App in the “News & Offers” section.

 

Moe’s may from time to time text Program member’s specials, offers, features, promotions or advertising that it deems appropriate. Program members will be provided an option to opt out of any additional text messages. It is the Program member’s responsibility to opt out of receiving any additional text messages when prompted.

 

Member Feedback & Surveys

 

Members will have the ability to give immediate feedback about their visit to Moe’s, with the added ability to share their comments through their social network on Facebook. Members can also provide feedback through surveys, which allow us to quickly collect information directly from Guests who are using the Program App and regularly visiting our restaurants. And by submitting feedback or participating in surveys, members can earn more points!

 

MOE’S® ROCKIN’ REWARDS

 

Your Rockin’ Rewards status level is based upon the number of points accumulated annually. Points can be earned on in-restaurant and mobile/online orders; points cannot be earned for catering purchases or gift card purchases. Once you have attained any status level, you will maintain that level for one year. At each anniversary date of becoming a member of Rockin’ Rewards, your points will be reset and you will begin accruing points towards the status level for the following year. You will accrue points according to your status level as of the date the points are earned. Points can be redeemed for in-restaurant and online orders only. Points are not transferable and have no cash value.

 

Credits earned are non-transferable, have no cash value, and may not be exchanged or redeemed for cash, gratuity or gift cards. Valid only at participating locations. Void where prohibited.  Acceptance or use of the Moe’s Rockin’ Rewards App or this program constitutes acceptance of Rockin’ Rewards terms and conditions.

 

The Reward will be valid for 60 days. Please note that if the purchase on which you are using your Reward totals less than $7, you will forfeit the remainder of the reward; the remaining balance of the Reward will not be kept in your Program Account. Once you earn a Reward, you may start accumulating points towards another Reward. You may only redeem one Reward per 4 hour period meaning that you may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Program Account. A Reward may not be combined with any other offer or coupon. The Rewards you do not redeem will remain on your Program Account until you use them or until your annual anniversary in the Rockin’ Rewards program, whichever occurs first.

 

CHANGES TO THE MOE’S ROCKIN’ REWARDS PROGRAM OR REWARDS

 

We may change these Rules from time to time as we deem appropriate, with or without providing you prior notice of the change. If we change the Rules, then the revised Rules will be substituted for these Rules on the date the revised Rules go into effect. If the revised Rules require you to accumulate more credits to earn a Reward than the prior Rules, or the revised Rules provide that a Reward will expire sooner than the Reward would have expired under the prior Rules, then the revised Rules govern.

 

We have the right at any time, with or without giving you prior notice, to:

 

·         end the Program and/or any specific Reward;

·         change any Reward or other Program benefit we offer;

·         change the requirements for earning a particular Reward;

·         change the time you have in which to earn a particular Reward; and

·         change any other feature of the Program.

 

If we decide to end the Program or a specific Reward, we will attempt to provide you 60 days’ prior notice either by e-mailing you at the e-mail address listed in your Program Account or by posting a notice on the Website. However, our failure to notify you that we are ending the Program or that we are ending a specific Reward plan will not give you any right to require us to continue the Program or the specific Reward after the date we end the Program or the specific Reward plan. Neither will our failure to notify you obligate us to compensate you for any Rewards or credits that you do not use before we end the Program or the specific Reward plan. Rewards and credits you accumulate under the Program have no cash value. If we end the Program, Rewards and credits you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

 

To the extent permitted by law, when you enroll in the Program, you waive your rights under any law that may require us to obtain judicial permission to change these Rules or to end the Program.

 

RESTRICTIONS

 

Each person that enrolls in the Program must enroll using a separate, unique App log-in information, a unique Facebook account, or a unique e-mail address.

 

Rewards are non-transferable and may not be shared with family members, friends or other Program members. But, if you redeem a Reward for a menu item, feel free to offer them a bite of it!

 

Each eligible person may enroll for the Program only one time, i.e., one Program Account per person.

 

HOW AND WHEN MEMBERSHIP MAY END

 

You may cancel your Program Account at any time by following these steps:

 

Canceling Your Program Account through the App:

 

1.    Log into your Program Account from your smartphone.

2.    Send an email from the “Need Help?” section under settings.

3.    Type “Please Cancel my Account” in the subject line and hit “Send”.

4.    Your Program Account will be automatically canceled.

 

Canceling Your Program Account through a Program Account Transaction Email:

 

1.    Canceling your Program Account through the Click “Cancel Rockin’ Rewards Membership” link at the bottom of the email

2.    Follow the steps provided.

 

As soon as you cancel your Program Account, Moe’s will de-activate your Program Account and you will forfeit all Rewards, points, and other benefits of being a Program member that you may have earned.

 

We may cancel your Program Account if we determine that you are not eligible to be a member of the Program or that you have violated these Rules. We may cancel some or all of your earned Rewards and credits if we determine that you received the Rewards or credits due to an error, through fraud or deception, or in any manner not consistent with these Rules.

 

 

 

QUESTIONS

 

Please click here to send us any questions you have regarding these Rules or the Program.

 

LEGAL TERMS AND CONDITIONS

 

Please click here to view the legal terms and conditions that apply to the Rockin’ Rewards App and website.

 

ROCKIN’ REWARDS CHECKIN-IN CAMPAIGN (SCAN TO EARN)

From time to time, Moe’s Rockin’ Rewards (Rockin’ Rewards) may run various promotional check-in campaigns (“Campaigns”) through the app as part of the Rockin’ Rewards program.  The following general terms and conditions are applicable to those Campaigns:   

Campaigns are open to residents of the US and DC (excluding residents of Puerto Rico and US territories and possessions) who are at least 13 or older at the time of entry and are members of the Rockin’ Rewards loyalty program. Employees or franchisees of Moe’s Franchisor LLC, or employees of individual Moe’s restaurants and their respective immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) or members of the same household, whether or not related to, Moe’s Franchisor LLC, and its parent or affiliated companies, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies are not eligible to enter or win any Campaign prizes.  Rockin’ Rewards points are awarded based on tiered levels and correspond to dollars spent at Moe’s locations. Each Campaign begins and ends on dates as announced on the app (“Campaign Period”). To participate in a specific Campaign, make a purchase at a Moe’s location during the Campaign Period and scan the QSR from the Rockin’ Rewards app at the register. Make as many purchases as you want during the Campaign Period to earn points.  All check-in scans to earn Rockin’ Rewards points must be made by 11:59 pm on the last day of the Campaign Period. 10 Rockin’ Rewards points will be awarded for every $1.00 spent. Campaign prizes will vary during each Campaign and can be substituted at the sole discretion of Moe’s Franchisor LLC.  APR of each prize awarded will be between $1.00 and $600.00. If a prize winner is a minor in his or her state of residence, the Prize will be awarded to the minor's parent or legal guardian and the parent or legal guardian will be required to complete, sign and return an Affidavit and Release, if applicable. Prize winners will be notified through the app at the email address used to establish the Rockin’ Rewards account.

 

Web Content Accessibility Conformance.  In performing any Services hereunder, Provider shall at all times be in substantial conformance with Web Content Accessibility Guidelines 2.0 AA published by the Web Content Accessibility Initiative of the World Wide Web Consortium.”