BJ’s Premier Rewards PLUS Program
Terms and Conditions
Updated: February 1, 2018
These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the BJ’s Premier Rewards PLUS Program (the “Program”), a promotional program sponsored by BJ’s Restaurants, Inc. (“BJ’s”, “we” and “us”), and offered as a benefit to our customers who register for the Program (each, a “ Member” or “you”). Please read these Terms carefully. If you do not agree to these Terms, please do not participate in the Program.
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.
BJ’s reserves the right to modify these Terms from time to time without notice to you, by posting a revised version of the Terms on this website ( www.bjsrestaurants.com/rewards ). Any changes will be effective prospectively as of the date noted in the upper left-hand corner when the updated Terms are posted. It is your responsibility to review the Terms periodically to be aware of any such changes.
1.1 You must be an individual and 18 years of age or older to be eligible to participate in the Program. Corporations, charities, associations or other entities may not participate in the Program.
1.2 BJ’s reserves the right to approve, deny or revoke your membership in the Program at any time, for any or no reason, in our sole discretion.
1.3 There is no fee to sign up for the Program (but, as set forth below, qualifying purchases are required in order to earn points and Rewards under the Program).
2. Earning Points
2.1 You will earn points in the Program at the rate of 1 point for each $1.00 that you spend on food and beverages (excluding tax, gratuities, alcohol, gift cards, Beer Dinners, merchandise and delivery orders from third party platforms) at any of our restaurants nationwide—specifically, any BJ’s Restaurant & Brewery ®, BJ’s Restaurant & Brewhouse®, BJ’s Pizza & Grill® or BJ’s Grill® (each, a “ BJ’s restaurant”). Qualifying purchases include dine-in, take-out and curbside purchases, as well as purchases made by you directly from BJ’s for delivery by BJ’s (where available), but exclude any purchases of BJ’s food or beverages ordered directly through a third-party delivery service. Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
2.2 Points will not be earned on the dollar amounts of taxes and gratuities, or on purchases of gift cards, alcohol, Beer Dinners and merchandise. On any purchase with a discount, points will be earned on the qualifying purchase amount after deducting the discount. Also, unless available through a special promotional offer, points will not be earned on any purchases of BJ’s merchandise (i.e., items other than food and beverages) through our website or at any BJ’s restaurant.
2.3 Points earned on each transaction will be based on rounding the qualifying amount of the purchase (i.e., excluding discounts, taxes, gratuities, gift cards, and alcohol) to the nearest whole number. For example, a $34.49 qualifying purchase amount will be rounded down to 34 points while a $34.50 qualifying purchase amount will be rounded up to 35 points.
2.4 For points to be recognized as earned (and added to your account) for a qualifying transaction at a BJ’s restaurant, you must do one of the following:
(i) place your order via our website or mobile app after inputting your account number prior to making payment;
(ii) provide your server, hospitality desk team member, or take-out team member with your account number or the phone number linked to your account;
(iii) have your server, hospitality desk team member, or take-out team member read the bar code on our app on your mobile phone (if available); or
(iv) within thirty (30) days following the transaction, go to the “Add My Points” option on our website and input the receipt number and other required information for the transaction.
2.5 Points earned on a qualifying transaction at a BJ’s restaurant will generally show up in your account as soon as you have completed the transaction (if you have provided your server with the information noted above), or within 24 hours of your “Add My Points” request at www.bjsrestaurants.com/rewards .
2.6 You will not earn points on purchases made by any other person. Any points sought to be added to your account from purchases made by others will be subject to removal from your account (and may result in all points then in your account being forfeited, and your account being terminated), in BJ’s sole discretion. Points will not be earned on any purchases made prior to your registration for the Program.
2.7 Points in your account may not be transferred to other Program members.
2.8 Points under the Program have no cash value.
3. Points Expiration
3.1 All points in your account will expire if you do not make a qualifying purchase within 365 days of the date of your last purchase.
3.2 In addition, all points in your account will immediately expire if BJ’s revokes your membership, in our sole discretion.
3.3 Points obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.
3.4 Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of the Program, may be deleted by BJ’s in our sole discretion.
4.1 For every 100 points that you earn in the Program, you will automatically be issued a non-transferable reward for $10 off a qualifying purchase at a BJ’s restaurant or on our website (each, a “Reward”), and such points will be deducted from your point balance. We will send you an email to your registered email address when each Reward is issued to you.
4.2 Each Reward will generally show up in your account within three (3) business days after the associated 100 points is earned.
4.3 If you earn 200 or more points in one transaction, multiple Rewards will be issued simultaneously. (For example, if you earn 300 points in one visit to a BJ’s restaurant, you will be issued three (3) $10 off Rewards at once in exchange for those 300 points.)
4.4 Each Reward will expire 90 days after the date of issuance.
4.5 Rewards may only be used on a purchase costing more than the total amount of the Reward(s) being redeemed, after deducting all amounts for discounts, taxes, gratuities, gift cards, and alcohol. Taxes will be charged on the non-discounted purchase price.
4.6 Rewards are not transferable. Rewards issued to you may only be redeemed by you.
4.7 There is no limit on the number of Rewards that you may redeem for any one transaction, so long as the amount of the qualifying purchase (after deducting all amounts for discounts, taxes, gratuities, gift cards, and alcohol) exceeds the total amount of the Rewards sought to be redeemed. (For example, to redeem five “$10 off” Rewards in one transaction, the net amount of the qualifying purchase must be $50 or more.)
4.8 BJ’s reserves the right, in our sole discretion, and on a prospective basis only, to modify the Rewards issued under the Program, or to substitute alternative rewards of comparable value, at any time and without notice.
4.9 No cash back will be paid on any Reward (unless otherwise required by law).
4.10 From time to time, we may offer special promotional rewards. These special rewards may be only available in certain areas or at certain BJ’s restaurants and may have different expiration periods or other terms than the standard $10 off Rewards issued under the Program.
5. Points Earned Prior to Program Update
5.1 Please note that points earned before the applicable Program update date* are not eligible to be converted to Rewards under the updated Program, but note also that when your balance of such formerly earned points drops below 75 points, we will send you a $5 Reward in exchange for those remaining points.
* Applicable Program Update Date:
- For Oregon and Washington guests**: October 19, 2016 (the date our pilot update launched in Oregon and Washington)
- For Ohio guests**: May 11, 2017 (the date our pilot update launched in Ohio)
- For BJ’s guests in all other states**: February 1, 2018
** Based on the state of your “Most Visited BJ’s Location” selected when registering for the Program.
5.2 BJ’s will continue to honor any points remaining in your account that were earned prior to the applicable Program update date under the terms of the prior version of our Premier Rewards Program. This means you may continue to redeem such points at any BJ’s restaurant, or on our website or mobile app, at the rates under the prior version of our Premier Rewards Program: $5 off for 75 points; a free Pizookie for 100 points; $10 off for 150 points; and $25 off for 350 points.
6. Termination of the Program
6.1 BJ’s reserves the right to terminate the Program at any time and without notice to you, in our sole discretion.
6.2 If the Program is terminated, for every 10 points in your account as of the termination date, you will be issued a reward for $1 off qualifying purchases at a BJ’s restaurant or on our website. Such rewards will be issued within 90 days after the Program termination date, and will expire ninety (90) business days after the date of issuance.
Program members have the option to print a card at home for their account. A card is not required in order to add points to your account and/or redeem rewards. Program members who choose to print a card are responsible for any transactions where the card is presented.
8. Marketing Communications
8.1 Email Messages: When you enroll in the Program, you are required to provide BJ’s with your email address (along with other information, such as your address, phone number, and food preferences), which we will use to send you information about the Program (including periodic updates about the Program), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account at www.bjsrestaurants.com/rewards . You may opt out of receiving marketing emails from BJ’s at any time by doing one of the following: (i) emailing us at BJsRewards@BJsRestaurants.com and requesting to be removed from our email marketing distribution list, (ii) adjusting your preferences after signing into your account online at www.bjsrestaurants.com/rewards , or (iii) following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize BJ’s, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.
8.2 Text Messages: If any text messaging is offered by BJ’s in connection with the Program, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages from BJ’s. By agreeing to receive such text messages, you authorize BJ’s, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding the Program and other BJ’s topics of interest. These may include pre-recorded or autodialed and promotional messages. Standard text message service charges apply. You are not required to agree to receive text messages to participate in the Program. You can unsubscribe to any text messaging service that may be offered by BJ’s by texting “Stop” to us at any time. If you unsubscribe, you understand that BJ’s may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.
9. Applicable Law
Any dispute, claim, or cause of action arising from this Program or these Terms (“Dispute”) 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.
10. Dispute Resolution; Class Action Waiver
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN THE PROGRAM.
10.1 For any Dispute you have with BJ’s (including any BJ’s restaurant) or the Program, you agree to first contact us at firstname.lastname@example.org or (714) 500-2664, and to attempt to resolve such Dispute with us informally.
10.2 In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes 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”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
10.3 You and BJ’s agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
10.4 This provision will survive termination of the Program or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
11. Disclaimers and Limitations of Liability
11.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND BJ’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.
11.2 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S DOES NOT WARRANT THAT THE PROGRAM, OR ANY APPLICATIONS THROUGH WHICH THE PROGRAM IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND BJ’S FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN THE PROGRAM OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
11.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BJ’S (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR 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 BJ’S OR A BJ’S AUTHORIZED REPRESENTATIVE HAS 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. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
13. Earning Points
13.1 All Federal, State or other tax liabilities (if any) arising from your access to or participation in the Program are your responsibility.
13.2 Nothing in these Terms will limit BJ’s from exercising any legal rights or remedies that we may have.
14. Earning Points
If you have any questions about the Program, you may contact us at BJ’s Premier Rewards PLUS Program, 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647 or email@example.com.