January ___, 2023.
Please read the full Terms and Conditions (“Terms”) below, as they govern your participation in [Sbarro’s Rewards Program] (the “Program”). By becoming a Program member, you (“you” or “Member”) agree to these Terms, as well as to the terms governing the use of Sbarro’s website and mobile app] (“App”) . If you do not agree to the Terms, do not join the Program. Joining requires you to create an account in the App or at [URL]. Accounts are free.
Program Members can earn points on the amounts they spend on qualifying purchases via mobile order in the App, via online order on the Sbarro website, and via scanning their Member QR code in the App when making purchases at participating Sbarro restaurants . Sbarro may offer additional earning opportunities from time to time. You may redeem your Program points for rewards in the form of designated menu items during future Sbarro purchases (“Rewards”).
The Program is valid only in the 50 United States . Void where prohibited or restricted. Sbarro reserves the right to modify or terminate the Program at any time, including changing or terminating the number and type of Rewards offered to Members, in Sbarro’s sole discretion.
NOTICE ABOUT DISPUTE RESOLUTION: ALL DISPUTES RELATED TO THESE TERMS AND/OR THE PROGRAM, INCLUDING YOUR PARTICIPATION IN THE PROGRAM, SHALL BE RESOLVED BY ARBITRATION, ON AN INDIVIDUAL BASIS ONLY, AND OTHERWISE PURSUANT TO THE PROVISIONS SET FORTH IN SECTION [4.1] BELOW.
1.1 Free Enrollment.
No purchase is necessary to participate in the Program. The Program is intended for personal use only; commercial use is prohibited.
You must be 18 years of age or older and a resident of the United States to become a Member. Sbarro employees are not eligible. Membership is limited to individuals only, and is further limited to one account per individual. Accounts are personal and cannot be sold, transferred, assigned or shared with family, friends or others.
1.3 Becoming a Member.
To become a member of the Program, you first must create an account in the App or at [Sbarro website URL] . Accounts are free.
1.4 Account Responsibility.
Sbarro is not responsible for use of a Member’s account, nor for redemption of a Member’s points. It is the Member’s responsibility to manage unauthorized use or redemption of points by family, friends or other individuals. In the event the Member’s account is stolen, the account is used or the points are redeemed, the Member must inform Sbarro, and Sbarro will investigate the report and determine in Sbarro’s sole discretion what remedy, if any, may be available. Members are responsible for keeping their contact and other information current and accurate. Sbarro is not responsible for communications failures or other problems caused by out-of-date or inaccurate information in a Member’s account.
1.5 Communication Preferences; Member Privacy.
Any exercise of Member privacy rights, including without limitation, opting out from our promotional emails, will not limit your Program benefits. Please note that if you are a California consumer and submit a CCPA-related deletion request, we will ask you if you want to terminate your Membership (and account) or to retain your Membership . If you choose to retain your Membership, Sbarro will continue to use your personal information to provide the Program and related services or as otherwise permitted by applicable law.
1.6 Additional Benefits.
Additional Member benefits, such as special promotions, offers, or events, may be available from time to time. These benefits may require a completed profile and/or opt-in to push notifications, email, and/or location services to be eligible and for you to receive notification of the benefits, all as explained in the terms of each offer. Failure to enroll for such communications, to activate such features, or to have network connectivity, may result in your not receiving information about benefits. Sbarro is not responsible for any such failures.
(a) By Member. You may cancel your Program membership at any time by contacting us at [CONTACT METHOD] . Upon cancellation, any unused points and/or Rewards accrued in your account will be forfeited and cannot be redeemed.
(b) By Sbarro. Sbarro reserves the right to cancel any Member’s account at any time (i) if such Member violates these Terms, engages in fraudulent conduct, or otherwise abuses the Rewards program, as determined in Sbarro’s sole discretion, or (ii) if the account has been inactive for a period of two years or more. “Inactive” means failing to make an eligible points-earning purchase, either in the App, on the website, or in a restaurant by scanning a Member QR code, or failing to claim or redeem a Reward for 24 months or more.
(c) Effect of Termination. If an account becomes terminated by either Sbarro or the Member, all previously earned points and/or unused Rewards automatically terminate and become null and void. Subsequent re-enrollment by the same Member will be at a zero-point balance. Sbarro reserves the right to refuse re-enrollment to any terminated Member based on previous fraudulent, abusive, or otherwise inappropriate behavior, as determined by Sbarro in its sole discretion.
II. EARNING POINTS.
Members can earn points on the amounts they spend on qualifying purchases via mobile order in the App, via online order on the Sbarro website, and via scanning their Member QR code in the App during checkout when making purchases at participating Sbarro restaurants . Points for any qualifying purchase can only be credited to one account. No splitting of orders or points.
2.2. Basic Earning Rate.
Members earn one (1) point for every 10 cents spent on the purchase of qualifying products in qualifying transactions at participating restaurants. Purchase amounts are rounded up to the next 10-cent increment. For example, a qualifying purchase of $4.13 will earn 42 points, and a qualifying purchase of $8.79 will earn 88 points.
Calculation of Sbarro Rewards points is based solely on the purchase price actually paid for qualifying menu items, minus all discounts, and excluding amounts paid for tips, gratuities, delivery charges, gift cards, charitable donations, and taxes. Points cannot be earned on purchases made through third-party delivery services, such as DoorDash, GrubHub, or UberEats, etc. Sbarro may exclude any menu items from counting as qualifying purchases by disclosing at the point of purchase that such items are excluded. All purchases made by a Member prior to joining the Program are not eligible for Program credit, except for same-day enrollment and qualifying purchases.
2.4. Timing of the Addition of Points to Accounts.
Generally, points are automatically added to a Member’s Program account within 48 hours after completion of the qualifying purchase, though a Member should allow up to two weeks for posting of points. Point balances are visible via the Member’s [WHERE VISIBLE?].
If you cancel an order for which you earned points, or have such an order refunded, any points associated with that order will be deducted from your Program account. This can cause a Member to have a negative points balance.
2.6. Bonus Point Promotions.
From time to time, Sbarro may run certain bonus point promotions. Under bonus point promotions, Members can earn additional or “bonus points” for completed actions and purchases. Bonus point promotions are subject to the terms and conditions of the offer, along with these Terms, and may be offered at any time in Sbarro’s sole discretion. Bonus points may not be available for otherwise qualifying transactions claimed after an in-restaurant purchase.
2.7. Claiming Points After an In-Restaurant Purchase.
If you forget or are unable to scan your Member QR code from the App during checkout when making a qualifying purchase at a participating Sbarro restaurant, you still may seek to claim points for that purchase, subject to the following requirements and limitations on after-the-fact claims:
(a) The points request can be submitted with a photo of the purchase receipt by completing the form found at [LINK].
(b) The points request must be submitted within 24 hours of the purchase. Late submissions will not be accepted.
(c) Limit one (1) submission per 24-hour period, and four (4) submissions per calendar month, per Member.
(d) Each submission is limited to a maximum of 100 points, regardless of the amount of the purchase shown on the receipt, and the total points available for submissions of after-the-fact claims are limited to four hundred (400) per Member in any calendar month.
(e) Each claim must be submitted exactly as described above, and must include at least the following information: valid email address associated with the applicable Member account; Member first and last name; date of transaction; time of transaction; store number of transaction; amount of transaction minus any taxes and fees; and a clear image of the receipt. Sbarro reserves the right to deny any claims that it determines in its sole discretion do not meet all requirements. Please allow up to 14 days for claims to be reviewed and processed.
2.8. Points Disputes
If you believe that a purchase (other than a purchase covered by Section 2.7 above) should have resulted in the addition of points to your account, and such points are not posted to your account within two weeks after the purchase (“Points Dispute”), please notify us immediately at [CONTACT INFO]. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within 90 days of the purchase. If you do not notify us within 90 days, you will have waived your right to make a Points Dispute with respect to that purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the Points Dispute. If we do not receive the requested written confirmation at the address and within the time requested, Sbarro may determine in Sbarro’s sole discretion not to investigate your Points Dispute. Upon completion of our investigation and our resolution of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.
2.9 Points Expiration
Points expire 365 days from the day they were posted to your account. No credit or cash will be given for unused or expired points.
III. REDEEMING REWARDS.
Points earned by a Member may be used to claim Rewards in the App or at [WEBSITE URL]. All Rewards are in the form of menu items or designated discounts on future purchases. The Rewards available at any given time can be viewed by logging into the Rewards Section of the Program in the App or at [WEBSITE URL]. Rewards are subject to change or removal at any time in Sbarro’s sole discretion.
3.2. Claiming a Reward in Your Account.
To claim an available Reward, you must have in your Program account at least the number of valid and unexpired points required for the desired Reward. Points will be subtracted from your account immediately when a Reward is claimed. Your oldest available points will be subtracted first. All Reward claims are final. No returns or refunds of points used to claim a Reward. In addition to these Terms, each reward is subject to terms and conditions as stated on the specific Reward . Points accumulated on different Member accounts may not be combined or aggregated to claim Rewards.
3.3. Redeeming a Reward .
To redeem a Reward on a purchase, you must either present the valid Reward on the App at a participating Sbarro restaurant when paying for your order (for in-person transactions), or be logged into your Member account and follow the instructions to apply your Reward to a purchase (for in-App or website transactions). The value of the Reward you redeem is applied as a discount proportionally across all items in the order for which you use the Reward, based on menu prices applicable at the restaurant where you redeem the Reward . You are responsible for applicable sales tax, which may vary based on the item(s) in your total order. Limit one Reward redemption per transaction. A Reward for the value of free menu item can be redeemed with no additional purchase required. Some offers may not be exercised in combination with redeeming Rewards.
A Reward for the value of a specific menu item can be redeemed only when the specific menu item is available at the participating restaurant where you seek to redeem the Reward. For example, a Reward for the value of a breakfast item can be redeemed only during breakfast hours. If a menu item is discontinued or unavailable at a participating restaurant, the holder of a valid Reward for the value of the menu item may be allowed to redeem the Reward for an alternate menu item of equal or lesser value, as determined by Sbarro or its franchisees in their sole discretion.
3.5. Expiration of Rewards.
Rewards expire 30 days from the date they are claimed, unless otherwise noted in the terms and conditions of the Reward. If you do not use your Reward prior to its scheduled expiration, you will not be refunded the points used to claim the Reward. All Reward claims are final.
4.1 Binding Arbitration of all Disputes; No Class Relief.
EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS AND/OR TO THE PROGRAM WILL BE RESOLVED BY INDIVIDUAL (NOT CLASSWIDE, COLLECTIVE, OR REPRESENTATIVE) BINDING ARBITRATION, OR IN SMALL CLAIMS COURT. YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS OR REPRESENTATIVE ACTION.
JAMS will arbitrate all disputes according to its Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at http://www.jamsadr.com. To begin an arbitration proceeding, you must serve Sbarro’s registered agent for service of process at [CORPORATE CREATIONS NAME & CONTACT INFO]. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” An arbitrator can award on an individual basis the same damages and relief as a court. This Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 31). You may elect to have an in-person hearing in the county where you reside. If you file an arbitration demand, you will pay half of the arbitration fees and costs up to $250. Sbarro shall pay all costs and fees of JAMS and the arbitrator in excess of $250. Sbarro agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. These Terms prohibits the Arbitrator from consolidating the claims of others into one proceeding, to the maximum extent permitted by law. This means that the Arbitrator shall hear only individual claims and is prohibited from fashioning a proceeding as a class, collective, representative or group action or awarding relief to a group of individuals in one proceeding. Any question or dispute concerning the interpretation, enforcement, or validity of this prohibition on class, collective, representative, and group actions shall be decided by a court and not the Arbitrator . This agreement to arbitrate shall survive termination of this Agreement. This agreement to arbitrate does not apply to disputes pertaining to Sbarro’s intellectual property rights.
4.2 Limitation of Liability.
THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND OREGANO’S DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SBARRO (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, NOR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM OR ANY OTHER MATTER RELATED TO THE PROGRAM, EVEN IF SBARRO OR ANY OF ITS MEMBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM.
SBARRO DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE PROGRAM, INCLUDING THE APP AND ANY OTHER APPLICATIONS OR WEBSITES THROUGH WHICH THE PROGRAM IS PROVIDED, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF SBARRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF SBARRO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
Applicable law may not allow some or all of the above disclaimers, exclusions or limitations of liability for damages. If applicable law does not allow all or any part of the above disclaimers, exclusions or limitations of liability to apply to you, they shall apply to you only to the extent permitted by applicable law. For New Jersey Residents: nothing herein prohibits recovery of damages or attorneys’ fees if required by statute.
4.3 Binding Terms.
4.4 Modifications/Termination of Program or Terms.
Sbarro reserves the right to cancel, modify, or restrict any aspect of the Program at any time, including, without limitation, the earning rate, conversion rate, and expiration policy for all points and Rewards. Notification of changes will be given in the App and at [WEBSITE URL] . Sbarro may make these changes even though such changes may affect the Member’s ability to use points or Rewards already accumulated. You are responsible for remaining knowledgeable about the Program Terms. Continued participation in the Program after any posted change(s) constitutes your acceptance of the change(s).
4.5 Account Balances.
Sbarro reserves the right to determine the amount of points in any Member’s account based on Sbarro’s internal records related to the Member’s account. In the event that there is an inconsistency between the points accrued in your account and what you believe you should have based on your purchase receipt(s), please contact us at [CONTACT INFORMATION] . Sbarro assumes no responsibility for errors caused by incorrect Member information. All decisions by Sbarro on reconciliation of account balances are final and binding.
4.6 Abuse by Member.
Sbarro may revoke any Member’s membership at any time if the Member engages in abuse of the Program or fails to follow these Terms. The sale of points or Rewards is prohibited and may result in the confiscation or cancellation of your points and/or Rewards as well as suspension or termination of your membership or Program account, which in each case shall be final and conclusive. Sbarro employs various internal and external fraud prevention tools to monitor fraudulent activity associated with Member accounts and may deduct points or cancel Rewards if Sbarro determines, in its sole discretion, that points or Rewards were obtained fraudulently or were associated with purchases made by someone other than the account holder. In addition, fraud or abuse relating to the accrual of points or the claiming or redemption of Rewards may result in revocation of your membership in the Program and may affect your eligibility for participation in any other Sbarro programs.
4.7 Promotional Program Only.
Points and Rewards are purely promotional offers, do not constitute property of any Member, are non-transferable, have no cash value, and cannot be redeemed for cash or gift cards. No portion of any qualifying purchase constitutes consideration paid for any points, Reward, or other promotional benefit.
4.8 Trademarks & Copyrights.
The Program and incorporated materials (“Material”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images, including but not limited to Sbarro, Sbarro’s Logo, and Original New York Pizza, incorporated by Sbarro on the App or otherwise in the Program are also protected as registered or unregistered trademarks, trade names and/or service marks owned by (1) Sbarro and/or its subsidiaries, parent companies or affiliated entities; or (2) their respective trademark owners (“Trademarks”). You may not use any of the trademarks displayed via the Program except as provided in the Terms. Any other use is strictly prohibited and all rights are reserved.
4.9 Your Use of the Material.
Your right to make use of the App, Sbarro’s website and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content for any purpose is strictly prohibited and may be a violation of the Copyrights and/or Trademarks protected by law. The Material and all other content on this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Sbarro. Any authorization to copy Material granted by Sbarro for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the App, Sbarro’s website, or any other website or application related to the Program into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
4.10 USER CONENT?
You agree to indemnify and hold harmless Sbarro, including Sbarro’s officers, directors, employees, agents, distributors and affiliates, from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees and litigation costs, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Sbarro’s servers, and/or from any and all use of your Member account.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
For information regarding the Program, contact customer care [HYPER LINK TO CUSTOMER SERVICE PAGE] or by calling [CUSTOMER SERVICE PHONE NUMBER].