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Last updated 06/25/2024

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Fazoli’s Rewards Terms and Conditions

 

Effective: June 25th, 2024

 

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE FAZOLI’S REWARDS TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FAZOLI’S. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE FAZOLI’S REWARDS PROGRAM.

 

SECTION 11 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1.     Information on Fazoli’s Rewards

Fazoli’s System Management (“Fazoli’s,” “we,” “us,” or “our”) provides the Fazoli’s Rewards program (“Fazoli’s Rewards”). This Agreement applies to Fazoli’s Rewards and does not alter in any way the terms or conditions of any other agreement you may have with Fazoli’s for other products or services.

 

There are no participation or membership fees associated with Fazoli’s Rewards. Points accrued in connection with Fazoli’s Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Fazoli’s Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Fazoli’s.

 

Fazoli’s Rewards members are able to earn and accumulate points that can be redeemed for Fazoli’s Rewards benefits (“Rewards”) at participating Fazoli’s stores. Unfortunately, not all Fazoli’s stores have the ability to award or redeem points for Rewards at this time. To find the location nearest you that participates in Fazoli’s Rewards, visit https://fazolis.com/locations/.

 

For more information on Fazoli’s Rewards, please visit our Fazoli’s Rewards FAQs at www.fazolis.com/rewards.

2.     Changes to Terms

Fazoli’s reserves the right to change or modify this Agreement or any policy, FAQ, offer, promotion, benefit or guideline pertaining to Fazoli’s Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.fazolis.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Fazoli’s Rewards following any such changes or modifications confirms your acceptance. If you do not agree to this Agreement, you must stop accessing and participating in Fazoli’s Rewards.

 

Fazoli’s reserves the right to change, modify, discontinue or cancel Fazoli’s Rewards or any part of the Fazoli’s Rewards program, at any time and in its sole discretion, without notice to you.

 

3.     Eligibility

 

By joining or using Fazoli’s Rewards in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

 

  1. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through Fazoli’s Rewards;
  2. You are 13 or older. If you are between the ages of 13 and 16, you may access and participate in Fazoli’s Rewards only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement;
  3. Your use of Fazoli’s Rewards shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of Fazoli’s Rewards. You may have only one (1) Fazoli’s Rewards account that is personal to you;
  4. You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use Fazoli’s Rewards; and
  5. You will comply with all applicable laws, including those of the country, state, and city in which you are present while using Fazoli’s Rewards.

 

4.     Earning Points

 

The Rewards that are available to you through Fazoli’s Rewards are based on the number of points that you earn. Receipts must be scanned within three (3) days of qualifying purchase. You will earn 1 (one) point for every $ (one) U.S. Dollar you spend at participating stores. Taxes, tips, donations, and fees, including without limitation, delivery fees and bag fees, may be excluded and ineligible for point accrual.

 

5.     Point Expiration

 

Unless otherwise noted, points are automatically added to your account within twenty-four (24) hours of your eligible purchase. POINTS EXPIRE FIVE (5) YEARS AFTER THE DAY SUCH POINTS WERE EARNED. The oldest accrued points will be used first for redemptions. You can view and track your point balance and available Rewards, as well as any additional benefits for which you are eligible as a Fazoli’s Rewards member, online at https://iframe.punchh.com/whitelabel/fazolis or through the Fazoli’s Rewards app.

 

6.     Redeeming Points

 

Points may be redeemed for complimentary Fazoli’s items at participating Fazoli’s stores. POINTS CANNOT BE REDEEMED FOR CASH. Fazoli’s Rewards offers different Rewards based on different point redemption tiers. Note that the Rewards available and point redemption tiers may vary by location, and that Fazoli’s may adjust the items included in each tier at any time in its sole discretion. The point redemption tiers for redeeming points at participating Fazoli’s stores are as follows:

  • 15 points: Two (2) Breadsticks
  • 25 points: One (1) Small Soft Drink & One (1) Chocolate Chip Cookie
  • 50 points: One (1) Order of Fried Mozzarella Bites, Six (6) Breadsticks & One (1) Triple Chocolate Chunk Brownie
  • 75 Points: One (1) Order of Baked Italian Meatballs & One (1) Double Slice Pizza
  • 100 Points: One (1) Regular Fettuccine Alfredo, One (1) Baked Spaghetti & One (1) Regular Spaghetti with Marinara or Meat Sauce
  • 125 Points: One (1) Baked Lasagna, One (1) Order of Chicken Fettuccine Alfredo & One (1) Sampler (Classic, Oven-Baked or Ultimate)
  • 150 Points: One (1) Order of Carbonara, One (1) Order of Loaded Fettuccine Alfredo
  • 200 Points: One (1) Small Fresh-Tossed Family Meal, One (1) Order of Baked Chicken Parmigiano

 

7.     Additional Benefits of Fazoli’s Rewards

 

As a Fazoli’s Rewards member, you may be eligible for the following additional benefits:

  • Birthday Reward. You are eligible to receive a free Birthday Dessert with purchase of an entrée 7 days before your logged birthday.
  • Welcome Reward. You are eligible to receive $5 off on qualifying orders of $15 or more when you first sign up for a Fazoli’s Rewards account and verify your email address.

 

8.     Privacy

 

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference. For further information, please also review our Notice of Financial Incentive.

 

9.     Indemnification

 

You agree to indemnify and hold harmless Fazoli’s and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your misuse of Fazoli’s Rewards; (b) your violation of this Agreement; or (c) your violation of any applicable laws, rules or regulations through or related to the use of Fazoli’s Rewards. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with Fazoli’s Rewards. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to Fazoli’s Rewards.

 

10.  Limitation of Liability

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL FAZOLI’S BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.  THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO FAZOLI’S REWARDS, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT FAZOLI’S REWARDS (INCLUDING ANY SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH FAZOLI’S REWARDS) ARE PROVIDED “AS IS” AND THAT WE MAKE NO WARRANTY THAT FAZOLI’S REWARDS WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO FAZOLI’S REWARDS WILL BE UNINTERRUPTED.

 

11.  Dispute Resolution

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

 

  1. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of Fazoli’s Rewards or as a consumer of our services, to any advertising or marketing communications regarding us or Fazoli’s Rewards, to any products or services sold or distributed through Fazoli’s Rewards that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Fazoli’s may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

 

IF YOU AGREE TO ARBITRATION WITH FAZOLI’S, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

 

  1. Informal Resolution. You and Fazoli’s agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Fazoli’s therefore agree that, before either you or Fazoli’s demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Fazoli’s that you intend to initiate an informal dispute resolution conference, email social@fazolis.com, providing your username associated with your Fazoli’s Rewards account (if any), the email address associated with your Fazoli’s Rewards account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

 

  1. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, 2470 Palumbo Drive, Lexington, KY 40509. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

  1. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Fazoli’s. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Fazoli’s.

 

  1. Waiver of Jury Trial. YOU AND FAZOLI’S WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Fazoli’s are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 11(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

 

  1. Waiver of Class or Consolidated Actions. YOU AND FAZOLI’S AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Fazoli’s is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 12.

 

  1. Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Fazoli’s, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Fazoli’s and the arbitration provider to implement such a batch approach to resolution and fees.

 

  1. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Fazoli’s can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Fazoli’s in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: social@fazolis.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

 

  1. Survival. This Arbitration Agreement will survive any termination of your relationship with us.

 

  1. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

 

12.  Exclusive Venue

 

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Fazoli’s agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Los Angeles County, California, or in federal court for the Central District of California.

 

13.  Termination

 

At our sole discretion, we may modify or discontinue Fazoli’s Rewards, or may modify, suspend or terminate your access to Fazoli’s Rewards, for any reason, with or without notice to you and without liability to you or any third party. We may also, in our sole discretion, suspend, cancel or combine Fazoli’s Rewards accounts that appear to be duplicative. In addition to suspending or terminating your access to Fazoli’s Rewards, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use Fazoli’s Rewards is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

 

In the event that your participation in Fazoli’s Rewards is terminated, all accrued points in your account are void.

 

14.  General

 

  1. Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

 

  1. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

  1. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

 

  1. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

15.  Contact Information

 

Email: social@fazolis.com

Mailing address: 2470 Palumbo Drive, Lexington, KY 40509