LOYALTY REWARDS PROGRAM
TERMS AND CONDITIONS
In order to register for the Bad Ass Coffee of Hawaii ‘Ohana Rewards Program and to access and use the Rewards Program website (“Site”), you must agree to these Terms and Conditions as follows:
effective september 1, 2020
- Eligibility: The Rewards Program is only available to legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll in the Rewards Program. Only one account is allowed per Member and a maximum of four accounts are allowed per household.
- Enrollment: In order to enroll as a “Member” of the ‘Ohana Rewards Program, you must provide Royal Aloha Coffee Company, LLC – DBA Bad Ass Coffee of Hawaii (hereinafter BAC) with your name, email address and phone number.
- Earning Rewards: Members earn “ Points” by making qualifying purchases at Bad Ass Coffee of Hawaii Coffee Shops; Points will not be earned for any taxes or for purchases made with Club Rewards. BAC in its sole discretion may also award Members Club Points and other rewards, e.g., free food, for the Member’s specific behavior or special events.
- “Hurdle Rate:” For every 250 points, a Member will earn $5 store credit as Rewards. The Hurdle Rate is subject to change and any change will be reflected in the updated Terms and Conditions, as contemplated herein.
- Redemption: ‘Ohana Rewards may be redeemed for products, food and beverages sold at Bad Ass Coffee stores. It may not be redeemed for purchases of gift cards, tax, cash, mobile app purchases or delivery charges.
- Expiration: ‘Ohana Rewards will expire 24 months after earned by reaching a Hurdle Rate, and other rewards will expire as indicated on the reward.
- Maximum Redemption: A maximum of 20 Rewards may be redeemed in a one month period.
- Suspension/Termination of Membership: BAC reserves the right in its sole discretion to suspend a Member’s membership in the ‘Ohana Rewards Program in the event of any suspected misconduct, including suspending the Member’s ability to redeem Rewards and/or other rewards earned in connection with his/her membership in the Rewards Program. If BAC concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the Member’s ability to redeem Rewards and/or other rewards earned in connection with his/her membership in the Rewards Program.
- Modification of Terms and Conditions: BAC reserves the right in its sole discretion to modify at any time these Terms and Conditions. Any such changes are effective immediately and the Member’s continued enrollment in the Rewards Program and/or use of the Site confirms that he/she accepts the changes and agree to be bound by them.
- Termination of Rewards Program. BAC reserves the right in its sole discretion to terminate the Rewards Program. If the Rewards Program is terminated, Members will no longer earn Rewards or other rewards. Any Rewards or other rewards will expire as stated on the Rewards or other rewards, unless otherwise provided for herein.
- Ownership of Site Content: All of the contents of this Site are owned and copyrighted by BAC and are protected as intellectual or proprietary property. Use of any of the Site content without prior consent by BAC is strictly prohibited.
- Limitation of Liability and Disclaimer: Members use the Site at their own risk. BAC is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing this Site or using information, services or merchandise provided through BAC. This Site and the information included on the Site are provided by BAC “as is” without any warranty of any kind either expressed or implied. BAC is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Rewards Program. BAC’s liability for ‘Ohana Rewards or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other ‘Ohana Rewards or reward, while supplies last.
- Release: Member hereby releases and agrees to indemnify and hold harmless BAC from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of ‘Ohana Rewards or any other reward.
- Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of Colorado.
- Disputes to Be Resolved Through Arbitration: Except where prohibited by law, by participating in the ‘Ohana Rewards Program, the Member agrees that any action arising out of or relating in any way to the Rewards Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held at a location in the state in which the Member lives. The arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other rules referenced herein. The arbitrator shall not have the power to award punitive damages against BAC or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the Member’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or Members who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Members also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (b) under no circumstances will Members be permitted, and Members hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
For more information, or if you have questions or concerns regarding Bad Ass Coffee of Hawaii’s Loyalty Rewards Program, you may email us at firstname.lastname@example.org or you can send correspondence to the following address: