These Terms and Conditions (the "Terms") govern your participation in the "Buy a Hero a Beer" program (the "Program") hosted by BJ's Restaurants, Inc. ("BJ's"). This Program is void outside of the United States and where prohibited or restricted by law.
- CONTRIBUTIONS. Any contribution you make under this Program will go into one of the funds BJ’s is administering from which promo codes redeemable for a pint of BJ’s craft beer (or BJ’s handcrafted soda) at a BJ’s restaurant can be claimed online by individuals who fall within the Program’s current “Hero” designation. Any contribution you make online must be in six dollar ($6) increments (e.g., $6, $12, $18, and so on), but you may make a contribution at a BJ’s restaurant in any amount. The “Hero” designation under the Program will change approximately every three to four months, and all contributions remaining in the funds at that time will support promo codes redeemed by individuals qualifying under the next (or a subsequent) “Hero” designation. Contributions made under this Program are not tax deductible.
- REDEEMING A PROMO CODE. To redeem a promo code for either a BJ’s craft beer or a BJ’s handcrafted soda of your choice at a BJ’s restaurant, you must provide adequate proof (in BJ’s sole discretion) that you meet the current designation of a “Hero” under this Program. The promo code will expire 48 hours after it is issued to you, and must be used in compliance with its terms and conditions. Limit: One (1) promo code request per person per day, and subject to availability. Any promo code that has been reproduced, tampered with or obtained other than through legitimate and authorized sources is void. Cash value of each promo code: 0¢.
- MINIMUM AGE. You must be at least 21 years old to participate in this Program, either to make a contribution to one of the funds BJ’s is administering or to request or redeem a promo code.
- TERMINATION. BJ’s reserves the right, in its sole discretion, to suspend or terminate this Program at any time. Upon termination of this Program by BJ’s, any amounts remaining in the funds BJ’s is administering under this Program will fund any outstanding promo codes, or will be donated to a charity of BJ’s choice. When all promo codes have expired, any remaining amounts in the funds will be donated to a charity of BJ’s choice.
- REFUSAL TO SERVE ALCOHOL BEVERAGES. BJ’s reserves the right to refuse service of an alcohol beverage to any person in accordance with applicable laws. You warrant that you will not request service of an alcohol beverage if you are not eligible to purchase or consume alcohol. For example, if you request service of an alcohol beverage, you warrant that you are at least 21 years of age, you are not obviously intoxicated, and you are not otherwise prohibited from consuming alcohol beverages. You further warrant that your receipt of an alcohol beverage pursuant to this Program is for your use only and that you will not provide the beverage to anyone else.
- NO WARRANTY. BJ’S MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS PROGRAM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATIONS OF LIABILITY. By participating in this Program, you agree that BJ’s and its affiliates and agencies, as well as their respective officers, directors, employees and agents (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to your participation in this Program; (b) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, any incidental, consequential or any other indirect damages, other than for actual out-of-pocket expenses; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
- GOVERNING LAW. Any dispute arising from this Program or these Terms, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants or BJ’s in connection with this Program, shall be governed by and construed in accordance with the laws of the State of California without giving effect or regard to any principles or doctrines of conflicts of law.
- DISPUTES. Except where prohibited by law, any action arising out of or relating to this Program or these Terms shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), which includes payment by BJ’s of many of the fees associated with such arbitration, whether initiated by BJ’s or you. The arbitration shall be held at a location in the state in which you live. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only BJ’s or your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROGRAM WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these Terms, if the amount in dispute arising out of or relating to this Program or these Terms is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court.
- CONTACT US: If you have any questions about this Program or these Terms, please contact us at firstname.lastname@example.org, or BJ’s Restaurants, Inc. “Buy a Hero a Beer” Program, 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647.
© 2016 BJ’s Restaurants, Inc.