Loyalty Program Terms and Conditions

Bruegger’s Bagels Inner Circle Rewards Program

Caribou Perks Program

Einstein Bros. Bagels Shmear Society Rewards Program

Noah’s Rewards Program

Program Terms and Conditions
(Effective 10/4/18)

Table of Contents

    These Program Terms and Conditions (these “Program Terms”) set forth the terms and conditions applicable to each of the Bruegger’s Bagels Inner Circle rewards program (the “Bruegger’s Bagels Inner Circle Program”), the Caribou Perks program (the “Perks Program”), the Einstein Bros. Bagels Shmear Society Rewards program (the “Shmear Society Program”) and the Noah’s Rewards program (the “Noah’s Rewards Program”). The Bruegger’s Bagels Inner Circle Program, the Perks Program, the Shmear Society Program and the Noah’s Rewards Program are each a separate brand-specific rewards program operated by the applicable Sponsor (as defined below), and are referred to individually in these Program Terms as a “Brand Program,” and collectively as the “Brand Programs.” The brand associated with a Brand Program is referred to in these Program Terms as a “Brand.”  In these Program Terms, “you,” “your,” or “member” refer to the person who has successfully registered for a Brand Program or who is an existing Brand Program member, and, if the context requires, is specific to a particular Brand and Brand Program.  Subject to these Program Terms, and as a benefit of membership in any Brand Program, when you register for one Brand Program (or are already registered for a Brand Program), you may earn and redeem rewards points at participating Bruegger’s Bagels, Caribou Coffee, Einstein Bros. Bagels or Noah’s New York Bagels locations even if you have not separately registered for the other Brand Program(s).  Certain Brand Program-specific rewards, however, are not available to you unless you separately register for the specific Brand Program (for example, if you are only a member of the Perks Program, you will not receive Shmear Society welcome, birthday or special rewards). “Bruegger’s Bagels” refers to Bruegger’s Enterprises, Inc., “Caribou” refers to Caribou Coffee, Inc., “ENRG” refers to Einstein Noah Restaurant Group, Inc, and “Noah’s” refers to Noah’s New York Bagels Company. Bruegger’s Bagels, Caribou, ENRG and Noah’s are sometimes referred to individually as a “Sponsor” (as to its respective Brand Program) and collectively as “Sponsors.”  Caribou and ENRG also operate cobranded locations known as “Coffee and Bagels,” which participating locations for purposes of these Program Terms and Brand Programs are either a Caribou Coffee location or an Einstein Bros. Bagels, depending on the Brand associated by Sponsors with such location, and participation in the applicable Brand Program at any particular location is dependent on such Sponsor association.

    Your registration for a Brand Program and/or continued membership in a Brand Program indicates your acceptance of and agreement to all of these Program Terms, including, without limitation the arbitration provision in Section 18 below. Be sure to check these Program Terms located at https://www.coffeeandbagels.com/loyalty-program-terms-and-conditions/ periodically for updates, as your continued membership in any Brand Program signifies your acceptance of these Program Terms as they exist from time to time, including, without limitation, any changed provisions.

    You agree Sponsor(s) may change, add, or eliminate any Brand Program’s rewards or benefits, or participating locations; or change or end any Brand Program or any feature of any Brand Program; in whole or in part, at any time, and without notice or compensation, even though such actions may affect rewards in any Brand Program or your participation in any Brand Program.

    You agree that Sponsor(s) may provide notices, disclosures, and amendments to these Program Terms, and other information relating to the Program by electronic means, including posting these materials online at https://www.coffeeandbagels.com/loyalty-program-terms-and-conditions/.

    Overview of the Brand Programs.

    The Brand Programs are separate membership loyalty programs offered by a Sponsor for its respective Brand. As described below, a Brand Program is a points-earning and rewards program that rewards members for making purchases and earning corresponding points or participating in other qualifying activities (as may exist, if at all, from time to time) at participating Bruegger’s Bagels, Caribou Coffee, Einstein Bros. Bagels and Noah’s New York Bagels locations and earning corresponding points. Additionally, a Brand Program offers members various promotional rewards (for example, a birthday reward) for the associated Brand.

    The Brand Programs are only valid at participating Bruegger’s Bagels, Caribou Coffee, Einstein Bros. Bagels and Noah’s New York Bagels locations, which may change from time to time in the sole discretion of Sponsor(s).  Non-participating locations include, without limitation, non-participating franchisee locations, and restaurants in stadiums, airports, hospitals, hotels, college campuses and military bases. The Brand Programs are valid only in the 50 United States and the District of Columbia.

    Brand Program Membership Qualifications; Registration.

    To be an eligible member in any Brand Program, you must be (a) a resident of one of the 50 United States or the District of Columbia and at least 13 years of age, (b) have a valid email address and phone number that are each used only by you, and (c) represent only yourself as an individual (such that any corporations, groups, associations, or other commercial participants are not eligible).  You must separately register for each Brand Program in which you desire to participate.  If you desire to take advantage of the Brand Programs’ points pooling feature (as described in Section 3 below), each of your Brand Program account member profiles must use the same email address and phone number.  When registering, you must complete and submit all required registration information. If you have already registered for a Brand Program and desire to change your Brand Program account member profile information, visit the applicable website for the Brand Program and make any desired changes.  You are responsible for keeping your information current and for keeping your information consistent throughout your Brand Program account member profiles. Only one Brand Program account per person per Brand (i.e., you may have only one Bruegger’s Bagels Inner Circle Program account, one Perks Program account, one Shmear Society Program account and one Noah’s Rewards Program account).

    To register for the Bruegger’s Bagels Inner Circle Program

    Use the Bruegger’s Bagels mobile application (the “Bruegger’s Bagels App”), or register online at https://shared.brueggers.com/Join.  Existing Bruegger’s Bagels Inner Circle Program members are also eligible to participate in the Bruegger’s Bagels Inner Circle Program. For additional help, please contact Bruegger’s Bagels customer support team at questions@brueggers.com.

    To register for the Perks Program

    Use the Caribou Coffee mobile application (the “Caribou App”) or register online at www.caribouperks.com.  Existing Perks Program members are also eligible to participate in the Perks Program.  Only one registered Caribou Card (if used at all by the member in connection with the Perks Program) per Perks Program account/person.  For additional help, please call Caribou’s customer support team at 1-888-CARIBOU (1-888-227-4268) weekdays from 8:00 a.m. – 4:00 p.m. CT.

    To register for the Shmear Society Program

    Use the Einstein Bros. Bagels mobile application (the “Einstein Bros. Bagels App), or register online at www.shmearsociety.com.  Existing Shmear Society Program members are also eligible to participate in the Shmear Society Program.  Only one Shmear Society Card (if used at all by the member in connection with the Shmear Society Program) per Shmear Society Program account/person.  For additional help, please call ENRG’s customer support team at 1-800-BAGELME (800-224-3563) 5:30 a.m. to 9:30 p.m. EST Monday – Friday and 7:00 a.m. to 6:30 p.m. EST Saturday – Sunday.

    To register for the Noah’s Rewards Program

    Use the Noah’s New York Bagels mobile application (the “Noah’s App”), or register online at https://shared.noahs.com/join. Existing Noah’s Rewards Program members are also eligible to participate in the Noah’s Rewards Program. For additional help, please call Noah’s customer support team at 1-800-BAGELME (800-224-3563) 5:30 a.m. to 9:30 p.m. EST Monday – Friday and 7:00 a.m. to 6:30 p.m. EST Saturday – Sunday.

    Your Brand Program username(s) and password(s), Brand Program account(s), Caribou Card (if any) and Shmear Society Card (if any), are for your personal use only. You are responsible for maintaining the security and confidentiality of your Brand Program username(s) and password(s), Brand Program account(s) and profile information (including registered email address and phone number), Caribou Card (if any) and Shmear Society Card (if any), and you agree to be responsible for all activities that occur with any of the foregoing or otherwise in connection with the Program. Neither Sponsors nor their respective service providers are responsible for use of any of the foregoing without your permission. The Bruegger’s Bagels App, the Caribou App, the Einstein Bros. Bagels App and the Noah’s App are sometimes referred to as a “Brand App” when referring to the mobile application for the applicable Brand.

    Earning Brand Program Points; Points Rewards; Redemptions; Expiration.

    IMPORTANT:  If you desire to take advantage of the Brand Programs’ points pooling feature (as described below), each of your Brand Program account member profiles must use the same email address and phone number.  If the email address and phone number do not match for all your Brand Program account member profiles, any points you earn will not be combined with points earned in other Brand Programs with a different email address or phone number and will reside only in the Brand Program member account associated with the Brand at which an eligible transaction was made by you unless and until you provide a consistent email address and phone number for your Brand Program account member profiles.  Sponsors will not combine points for Brand Program member accounts that do not use a consistent email address and phone number.

    Subject to these Program Terms, an eligible member whose Brand Program account is in good standing may earn 2 points per 1 U.S. dollar ($1) spent on eligible purchases at participating locations of the Brand associated with the member’s Brand Account in the fifty (50) United States and the District of Columbia. Eligible purchases are limited to all in-store transactions (excluding past purchases, catering purchases, and purchases of gift cards and gift certificates).  Points are earned only on the actual amount paid by a member in an eligible transaction (after any applicable discounts and before taxes).  Points are earned only on whole dollar purchases and not partial dollar purchases, and a partial dollar purchase will not be rounded up to the next dollar (for example, a $1.15 purchase would earn only two points). Points, if previously earned, will be deducted by a Sponsor, in its sole discretion, for returns, cancelled orders, chargebacks and other circumstances affecting an applicable transaction. Purchases at nonparticipating locations, taxes and online transactions are not eligible. Points will not be earned on charitable donations. Participating locations are subject to change in Sponsor(s) sole discretion without notice.

    To earn rewards based on making eligible purchases (“Points Rewards”), you must “check-in” at the point of sale at a participating Brand location prior to completing your purchase.  You may check in at a Brand location using the applicable Brand App or the phone number registered to your applicable Brand Program member account.  You may also check in at a Caribou Coffee location using the Caribou Card associated with your Perks Program member account, and at an Einstein Bros. Bagels location using the Shmear Society Card associated with your Shmear Society member account.  Your Caribou Card and Shmear Society Card may also be used to check in at other Brand participating locations, where those locations accept those cards for check in purposes.  Sponsor may send you communications (e.g., an email) with additional methods to check in (e.g., a bar code in an email) if indicated the method may be used for applicable check in purposes in the communication.

    To redeem points for a Points Reward for a Brand where you are a Brand Program member, you must select an eligible Points Reward within your Brand Program account on the applicable Brand App or online at the applicable Brand Program website and have the correct number of points available in your Brand Program account for the selected points Reward.  Certain Brands do not have Points Rewards selection available on their Brand Program Website, and until a Brand has such selection capability, selection must be made on the applicable Brand App or at the point of sale.  If point of sale selection is made, Points Rewards are limited and are not all that are available to a Brand Program member using the Brand App.  At the time of selection of a Points Reward, your selected Points Reward will be posted to your applicable Brand Program account and your Brand Program points balance will be reduced by the number of points redeemed. Once made, a Points Reward selection is not subject to change, substitution or reversal by a member. To redeem a Points Reward, visit an applicable participating Brand location, “check in” at the point of sale as described above. Your Points Reward will be removed from your Brand Program account at the time of use. All Points Rewards expire fourteen (14) days after posting to your Brand Program account, and if a selected Points Reward expires without redemption, the associated points used to select the Points Reward will not be reinstated to your Brand Program account.

    To redeem points for a Brand where you are not a Brand Program member you must give the cashier at a participating Brand location the registered phone number associated with your other Brand Program member account(s) and the cashier will inform you of available Points Rewards. Points Rewards are limited where you are not a Brand Program member and are not all that are available to a Brand Program member.  If you desire, you may then select your Points Reward and redeem with the cashier at that time.  If you select a Points Reward, you may not select the Points Reward for future use; your Points Reward must be redeemed only at the time of selection at the point of sale.

    You may only redeem one (1) Points Reward or Program Reward (as defined below) per visit, which you may choose at the point of sale. A Points Reward may only be redeemed for the purchase of the selected Points Reward. Redemption of a Points Reward will not earn a member Brand Program points.

    If you have no activity on your Brand Program account for six (6) months, the points in your Brand Program account (no matter when they were earned) will expire and will no longer be available for redemptions. “Activity” is defined as a “check-in” or a Points Reward redemption at a participating location of the Brand associated with your Brand Program account. If your Brand Program account points are combined, activity associated with one Brand Program account will also constitute activity for the other Brand Program accounts where points are combined.  If you check-in after being inactive for six (6) months or more, you will continue to be a member of the applicable Brand Program (and if your Brand Program account points are combined, the other Brand Program accounts where points are combined), but your point balance for the applicable Brand Programs will start again at zero points.

    Points Rewards may not be substituted (except by an applicable Sponsor in its sole discretion). Redemption of Points Rewards is based upon availability of the particular Points Reward in the applicable Brand location at which you redeem your Points Reward, and you cannot substitute another type of Points Reward for a selected but unavailable Points Reward. A Points Reward must be redeemed in a single transaction and any unused portion of a Points Reward is forfeited, for which no consideration will be given. Partial redemption of Points Rewards is not allowed (for example, a two medium drinks Points Reward must be redeemed in a single transaction and visit; a medium drink cannot be redeemed in two separate visits and transactions). In the event of any dispute, an applicable Sponsor’s determination of the size or quantity of the Points Reward shall be final.

    Points and unused earned Points Rewards (if you have any) will be identified on your account page accessible by logging into your Brand Program account on the applicable Brand App or Brand Program website. Your points and Points Rewards shall be as reflected in an applicable Sponsor’s records, unless you can prove otherwise to the Sponsor’s satisfaction.

    Points Rewards are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice. Points and Points Rewards (a) have no cash value, (b) may not be redeemed or exchanged for cash or any cash equivalent, (c) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Points Reward or Program Reward), (d) are not transferable, and (e) may not be substituted (except by an applicable Sponsor, in its sole discretion). Redemption of Points Rewards do not earn Program points. You are not obligated to accept or redeem any Points Rewards. Points Rewards will be deemed forfeited without notice if not used within the allotted time frame, and the associated points used to select the Points Reward will not be reinstated to your Brand Program account.

    Brand Program Rewards; Expiration; Redemption.

    All eligible members whose Brand Program account is in good standing are eligible to receive the following Brand Program rewards only for that Brand, which may be redeemed and are subject to expiration as described below.

    Bruegger’s Bagels Inner Circle Program

    Welcome Reward

    After registering for the Bruegger’s Bagels Inner Circle Program, Bruegger’s Bagels will post a one-time welcome reward (a “Bruegger’s Bagels Welcome Reward”) for one (1) complimentary bagel and cream cheese of your choice to your Brand Program account. A Bruegger’s Bagels Welcome Reward excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The Bruegger’s Bagels Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

    Birthday Reward

    Bruegger’s Bagels will post a reward for one (1) complimentary bagel and cream cheese of your choice to your Brand Program account on your birthday (a “Bruegger’s Bagels Birthday Reward”). Bruegger’s Bagels Birthday Rewards are not received retroactively. A Bruegger’s Bagels Birthday Reward excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The Bruegger’s Bagels Birthday Reward is valid for fourteen (14) days after it is posted to your Brand Program account. You are eligible to receive one (1) Bruegger’s Bagels Birthday Reward per year.

    Promotional Offers

    Bruegger’s Bagels may post certain promotional offers (“Bruegger’s Bagels Promotional Offers”) to your Brand Program account. Bruegger’s Bagels Promotional Offers will be subject to the terms and conditions of each respective Bruegger’s Bagels Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

    Perks Program

    Welcome Reward

    After registering for the Perks Program, visit a participating Caribou Coffee location and make a purchase and “check-in” at the point of sale prior to completing your purchase using the Caribou App, your phone number registered to your Brand Program account, or by using the Caribou Card associated with your Brand Program account.  Caribou will then post a one-time welcome reward (a “Caribou Welcome Reward”) for one (1) complimentary beverage of your choice (excluding bottled beverages) to your Brand Program account; you will be notified of posting by email to the email associated with your Brand Program account. The Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

    Birthday Reward

    Caribou will post a reward for one (1) complimentary beverage of your choice (excluding bottled beverages) to your Brand Program account on your birthday (a “Caribou Birthday Reward”). Caribou Birthday Rewards are not received retroactively. Caribou Birthday Rewards expire fourteen (14) days after posting to your Brand Program account. You are eligible to receive one (1) Caribou Birthday Reward per year.

    Promotional Offers

    Caribou may post certain promotional offers (“Caribou Promotional Offers”) to your Brand Program account. Caribou Promotional Offers will be subject to the terms and conditions of each respective Caribou Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

    Shmear Society

    Welcome Reward

    After registering for the Shmear Society Program, ENRG will post a one-time welcome reward (an “EBB Welcome Reward”) for one (1) complimentary bagel and shmear of your choice to your Brand Program Account.  An EBB Welcome Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The EBB Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

    Birthday Reward

    ENRG will post a reward for one (1) complimentary egg sandwich of your choice to your Brand Program account on your birthday (an “EBB Birthday Reward”). EBB Birthday Rewards are not received retroactively. An EBB Birthday Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as additional egg(s), toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. EBB Birthday Rewards expire fourteen (14) days after posting to your Brand Program account. You are eligible to receive one (1) EBB Birthday Reward per year.

    Promotional Offers

    ENRG may post certain promotional offers (an “EBB Promotional Offers”) to your Brand Program account. EBB Promotional Offers will be subject to the terms and conditions of each respective EBB Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

    Noah’s Rewards Program

    Welcome Reward

    After registering for the Noah’s Rewards Program, Noah’s will post a one-time welcome reward (a “Noah’s Welcome Reward”) for one (1) complimentary bagel and shmear of your choice to your Brand Program Account. A Noah’s Welcome Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. The Noah’s Welcome Reward is valid for fourteen (14) days after it is posted to your Brand Program account.

    Birthday Reward

    Noah’s will post a reward for one (1) complimentary egg sandwich of your choice to your Brand Program account on your birthday (a “Noah’s Birthday Reward”). Noah’s Birthday Rewards are not received retroactively. A Noah’s Birthday Reward requires a separate purchase of a separate item at the time of redemption, and excludes modifiers such as additional egg(s), toppings and gourmet bagels, all of which are the responsibility of and must be paid by member at the time of sale. Noah’s Birthday Rewards expire fourteen (14) days after posting to your Brand Program account. You are eligible to receive one (1) Noah’s Birthday Reward per year.

    Promotional Offers

    Noah’s may post certain promotional offers (“Noah’s Promotional Offers”) to your Brand Program account. Noah’s Promotional Offers will be subject to the terms and conditions of each respective Noah’s Promotional Offer, including, without limitation, qualifying purchases, additional charges and taxes, additional limits on participating locations, and applicable expiration dates.

    All Brand Program Rewards

    You may only redeem welcome rewards, birthday rewards and promotional offers (collectively, “Brand Program Rewards”) at applicable participating Bruegger’s Bagels, Caribou Coffee, Einstein Bros. Bagels, and Noah’s New York Bagels locations. A Brand Program Reward may only be redeemed at the applicable Brand location.  Only one (1) redemption of a Brand Program Reward or Points Reward per visit. To redeem a Brand Program Reward, visit a participating Brand location, “check in” at the point of sale using the Brand App, your phone number registered to your Brand Program account, by using your registered Caribou Card (if a redemption of a Perks Program Brand Program Reward, or by using your Shmear Society Card (if a redemption of a Shmear Society Program Brand Program Reward), and let the cashier know which Brand Program Reward you desire to redeem. Sponsor may send you communications (e.g., an email) with additional methods to check in (e.g., a bar code in an email) if indicated the method may be used for applicable check in purposes in the communication.  Each time you redeem a Brand Program Reward, the Sponsor will remove it from your Brand Program account. Brand Program Rewards are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice. Brand Program Rewards (i) have no cash value, (ii) may not be redeemed or exchanged for cash or any cash equivalent, (iii) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Brand Program Reward or Points Reward), (iv) may not be used to satisfy any requirement of any offer that requires you to purchase any item, (v) are not transferable, and (vi) may not be substituted (except by the applicable Sponsor, in its sole discretion). Redemption of Brand Program Rewards do not earn Brand Program points. You are not obligated to accept or redeem any Brand Program Rewards. Brand Program Rewards will be deemed forfeited without notice if not used within the allotted time frame. You may check your available Brand Program Rewards online at the applicable Brand Program App or website and logging into your Program account.  Your Brand Program Rewards shall be as reflected in an applicable Sponsor’s records, unless you can prove otherwise to the Sponsor’s satisfaction.

    Contact Authorization.

    You authorize Sponsors to contact you by email, postal mail, fax, telephone, prerecorded message, automated voice, text message, or other means allowed by law with Brand Program administrative or transactional information both during your participation in the Brand Programs and after your participation has ended. You agree that Sponsors may contact you at any address or telephone number (including a cellular telephone number that you give Sponsors), and use an automatic telephone dialing system or similar device to do so. You authorize Sponsors to monitor or record any conversation or other communication with Sponsors. You also authorize Sponsors to contact you by email, postal mail, fax, telephone, prerecorded message, automated voice, text message, or other means allowed by law about Sponsors (or their affiliates) related promotions, special offers, discounts or contests. Neither Sponsors nor their respective service providers are responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your Brand Program accounts. You are responsible for keeping your Brand Program account contact information current.

    Disclaimers

    Some Brand Program options are only available if you use corresponding Brand Program features (for example, points, Points Rewards and Brand Program Rewards only appear on your Brand Program account page at the applicable Brand website if you create a Brand Program account page).

    Sponsors may conduct test programs from time to time in certain markets which may have additional/different terms than those described in these Program Terms. Sponsors have no obligation to expand or continue any test or the Brand Program, and may discontinue any Brand Program at any time. Points, Brand Points Rewards and Program Rewards may not be capable of being earned or redeemed if technical difficulties arise. Sponsors have no responsibility to retroactively apply Program points, Points Rewards or Brand Program Rewards. Sponsors are not responsible for undeliverable, lost, returned, or misdirected emails or other correspondence, or for use of your Brand Program accounts, Caribou Card (if applicable), Shmear Society Card (if applicable) or Points Rewards or Brand Program Rewards issued, without your permission.

    Sponsors are not responsible for: (a) incorrect or inaccurate transcription or posting of Program information, including points, transactions, Points Rewards and Program Rewards, (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the Program; (e) any injury or damage to persons or property, including but not limited to entrant’s computer, phone or other devices, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Program, or from viewing, playing, uploading or downloading any material to or from Sponsor’s website(s) or applications; or (f) lost, stolen or expired points, Points Rewards or Program Rewards, none of which will be replaced.

    Information We Collect and How We Use It.

    See the applicable Sponsor’s Privacy Policy and Terms of Use, as amended from time to time, at https://www.coffeeandbagels.com/privacy-policy/ and https://www.coffeeandbagels.com/terms-of-use/.

    Contact Sponsors

    Please notify Sponsors immediately of unauthorized use of your Brand Program account, or, as applicable, lost or stolen Caribou Card or Shmear Society Card. If you need to update or verify your personal information, or to remove your personal information from a Sponsor’s active database (this will be completed as soon as reasonably possible, unless a Sponsor needs to retain information for dispute resolution, troubleshooting or other valid legal or business reasons; please note that Sponsors will not remove your historical usage information), or if you have questions related to privacy, visit the applicable website (Bruegger’s Bagels – www.brueggers.com; Caribou – www.cariboucoffee.com; ENRG – www.einsteinbros.com; and Noah’s – www.noahs.com).  Additional contact information is as follows:

    Bruegger’s Bagels

    Contact by email at questions@brueggers.com, at or write to Guest Services – Bruegger’s Bagels Inner Circle Program, Bruegger’s Enterprises, Inc., 555 Zang Street, Suite 300, Lakewood, Colorado 80228.

    Caribou

    Contact by email at customerrelations@cariboucoffee.com, or write to Customer Service, Caribou Coffee Company, 3900 Lakebreeze Avenue North, Minneapolis, Minnesota 55429.

    ENRG

    Contact by writing to Guest Services – Shmear Society Program, Einstein Noah Restaurant Group, Inc, 555 Zang Street, Suite 300, Lakewood, Colorado 80228.

    Noah’s

    Contact by writing to Guest Services – Noah’s Rewards Program, Noah’s New York Bagels Company, 555 Zang Street, Suite 300, Lakewood, Colorado 80228

    Your Right to Terminate Your Participation in the Program.

    You may terminate your participation in a Brand Program by discontinuing checking in at the applicable Brand locations. Your participation in any or all Brand Programs may be terminated by Sponsor(s) in connection with actual or suspected unauthorized or fraudulent use of any Brand Program, your Brand Program account(s), Caribou Card or Shmear Society Card; actual or suspected violation of these Program Terms; or actual or suspected conduct by you determined by Sponsor(s) in its/their sole discretion to be incompatible with participation in the Brand Program(s) offered by Sponsor(s).

    Sponsors’ Remedies.

    Each Sponsor reserves the right to seek all remedies available at law and in equity for violations of any of these Program Terms, including suspending or blocking your access to your Brand Program account(s), Caribou Card and/or Shmear Society Card, as applicable, or terminating your participation in any or all Brand Programs. An applicable Sponsor has the right to terminate a Brand Program account if there is no point accumulation or Point Reward or Program Reward redemption activity in the Brand Program account for one (1) year.

    No Representations, Warranties, or Conditions.

    Sponsors, their respective affiliates, and their respective franchisees, suppliers and vendors (including, without limitation, technology developers and/or providers) make no representations, warranties or conditions of any kind, express or implied, with respect to the Brand Programs, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance.  Sponsors do not represent or warrant that the Brand Apps, Sponsor websites, or, as applicable, your Caribou Card or Shmear Society Card will always be accessible or accepted or that your Brand Program accounts will always be accessible.

    Limitation of Liability.

    In the event that any Sponsor, any of their respective affiliates, or any of their respective franchisees, suppliers and/or vendors (including, without limitation, technology developers and providers) are found liable to you for any reason, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed $100. Sponsors and their respective parents, subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Brand Programs, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Sponsors or their respective authorized representatives have been advised of the possibility of such damages. In no event shall Sponsors or their respective affiliates have any liability for unauthorized access to, or alteration, theft or destruction of any of your Brand Program accounts, Brand Apps, Caribou Card or Shmear Society Card through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Sponsors’ reasonable control.

    No Liability for Third-Party Partners.

    Sponsors may engage third-party partner companies to provide certain Brand Program, Points Rewards and Brand Program Rewards services. Sponsors are not responsible, and assume no liability, for the goods and services of such partner companies (including any changes to or discontinuances of such partner companies’ goods or services). NEITHER SPONSORS, THEIR AFFILIATES, AND/OR THEIR RESPECTIVE FRANCHISEES, SUPPLIERS AND/OR VENDORS WILL BE LIABLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY OR PROGRAM PARTNER, OR ANY THIRD PARTY’S OR PARTNER’S LOYALTY OR REWARDS PROGRAM.

    Restrictions of State Law.

    The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms. In any such jurisdiction, Sponsors’ liability is limited to the greatest extent permitted by law.

    Indemnification.

    By participating in the Program, you agree to release Sponsors and all of their respective affiliates, parents, subsidiaries, franchisees, vendors and suppliers, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred through your participation in the Brand Programs including, but not limited to, the earning of points and Points Rewards, and the receipt, possession, redemption, use and/or misuse of any Points Reward or Brand Program Reward.

    Governing Law.

    These Program Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Colorado, without reference to a state’s conflict of law principles.

    Changes to these Program Terms.

    Sponsor(s) may amend or replace these Program Terms at any time. Sponsor(s) will post the amended or replaced Program Terms to their website(s) at https://www.coffeeandbagels.com/loyalty-program-terms-and-conditions/. As permitted by applicable law, any amendment or replacement will become effective at the time Sponsor(s) post the amended or replaced Program Terms to their websites. Your continued participation in any Brand Program will constitute your acceptance to any amendment to or replacement of these Program Terms.

    Arbitration.

    Please review this provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below.

    By accepting these Program Terms, unless you opt out by following the instructions below, you agree that either you or any Sponsor, at a Sponsor’s sole discretion, can choose to have any dispute arising out of or relating to Points Rewards, Brand Program Rewards, any Brand Program, these Program Terms, your Brand Program account(s) or your relationship with any applicable Sponsor resolved by confidential, binding arbitration. If arbitration is chosen by any party, neither you nor the applicable Sponsor will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by the arbitration rules. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision will generally be final and binding. Other rights that you would have in court may also not be available in arbitration. It is important that you read the entire Arbitration provision carefully before accepting the terms of this Agreement.

    For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to any of your Brand Program accounts; your Caribou Card or Shmear Society Card; Points Rewards; Brand Program Rewards; the Brand Programs or the operation or use thereof; the actions of yourself, any Sponsor, or third parties; or the validity of these Program Terms or this Arbitration provision. It includes disputes brought as counterclaims, cross claims, or third-party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT, THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words “we,” “us,” and “our” shall include each Sponsor and any assignees of any of a Sponsor’s rights, as well as a Sponsor’s and its assignees respective affiliates, parents, subsidiaries, franchisees, vendors, suppliers, and further assigns.

    Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor any Sponsor may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the Federal judicial district where you reside. No Sponsor will elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in that court.

    A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years’ experience, selected in accordance with the AAA’s rules. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

    The party initiating an arbitration must pay the AAA’s initial filing fee, although you can ask the AAA to waive the filing fee and we will consider your request that we pay the filing fee on your behalf. The applicable Sponsor(s) will pay any subsequent administration fees imposed by the AAA, and the applicable Sponsor(s) will pay the arbitrator’s fee for up to one day of hearings. All other fees will be allocated as provided by the AAA’s rules and applicable law. If you prevail in arbitration, the applicable Sponsor(s) will reimburse you any fees paid to the AAA. However, even if the applicable Sponsor(s) prevail, it will not seek reimbursement from you of any fees the applicable Sponsors paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement of attorneys’ fees or other fees or costs, then that right shall also apply in the arbitration.

    You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after receiving initial notification of these Program Terms via email from us or registering for the Program, whichever is later. In order to opt out, you must write us at either Bruegger’s Bagels Inner Circle/Arbitration, c/o Bruegger’s Enterprises, Inc., 555 Zang Street, Suite 300, Lakewood, Colorado 80228, Caribou Perks/Arbitration, c/o Caribou Coffee, Inc., 3900 Lakebreeze Avenue North, Minneapolis, Minnesota 55429, Shmear Society/Arbitration, c/o Einstein Noah Restaurant Group, Inc., 555 Zang Street, Suite 300, Lakewood, Colorado 80228, or Noah’s Rewards Program/Arbitration, c/o Noah’s New York Bagels Company, 555 Zang Street, Suite 300, Lakewood, Colorado 80228. You must inform us of your decision to opt out, and sign the notice.  If you opt out of this Arbitration provision as to one Brand Program, your opt out is as to all Brand Programs.

    This Arbitration provision shall survive termination of your participation in the Program. This Arbitration provision is made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 USC Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then this entire Arbitration provision shall be considered null and void; however, it shall not affect the validity of the rest of this Agreement.

    Force Majeure.

    Sponsors are not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in the Brand Programs in the event any Program or its operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.

    Law Enforcement/Government Requests.

    You agree that nothing contained in these Program Terms prevents Sponsors from complying with law enforcement or governmental requests or requirements relating to your participation in the Brand Programs or information provided to or gathered by any Sponsor with respect to such participation.

    Program Void.

    A Brand Program is void where prohibited or restricted by federal, state or local law. If any provision of these Program Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Program Terms, which will otherwise remain in full force and effect.

    Entire Agreement.

    These Program Terms constitute the entire and exclusive agreement between you and Sponsors with respect to the Program. These Program Terms supersede all prior or contemporaneous communications, agreements, advertising, descriptions, terms and conditions, and proposals, whether electronic, oral, or written, with respect to the Brand Programs or any other version of a member loyalty or rewards program from any Sponsor or any Sponsor’s affiliate. Both you and Sponsors acknowledge that neither you nor any Sponsor has been induced to enter into these Program Terms by any representations or promises not specifically stated in these Program Terms.

    Precedence; Waiver; Interpretation.

    If and to the extent that there is any conflict among or between any Brand website (including any Brand Program webpages), Brand App (including any Brand Program app pages) or other Brand Program marketing, promotion, communication or descriptive materials and these Program Terms, the language in these Program Terms will control. A Sponsor’s failure to or decision not to enforce any provision in these Program Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Program Terms will not affect the validity or enforceability of any other provision.