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These Terms and Conditions Were Last Updated June 11, 2014. PLEASE READ CAREFULLY. By registering for the Penn Restaurant Rewards Program, you agree to the following Terms and Conditions. These Terms and Conditions are subject to change from time to time.
A. Overview of the Penn Brewery Restaurant Rewards Loyalty Program
These are the terms and conditions (“Terms and Conditions”) that govern the Penn Brewery Restaurant Rewards Program: The "Program" is a loyalty rewards program sponsored by Penn Brewery ("Sponsor"). The purpose of the Program is to reward Penn Brewery Restaurant customers for making qualifying food and beverage purchases at Penn Brewery Restaurant, entering codes from various Restaurant Rewards-related activities, and through other methods as may be added from time to time. By engaging in Penn Restaurant Reward-related activities, a Program participant will accrue points, which will be used by Sponsor to issue rewards to that participant when he or she amasses a specified number of points. Points earned through the Program have no cash value, are non-transferable, and cannot be used for anything other than earning the rewards offered by Sponsor, which may change from time to time in Sponsor’s sole discretion. Restaurant Rewards points may not be combined or exchanged with Penn Perks points.
1. In General. The Program is open to legal residents of the 50 United States (including the District of Columbia) who are 13 years or older at the time of enrollment. The Program is void where prohibited by law. Employees of Sponsor, its wholesalers, retailers, and its respective related companies, parents, subsidiaries, and affiliates, as well as any members of the immediate family (spouse, parents, siblings, and children) and household members of any such person may not participate in the Program.
2. Participants Under 13. Participation in the Program is prohibited for anyone under the age of 13. Sponsor is not responsible for any participant that submits false information (as part of the registration system or otherwise) to negate Sponsor’s age gate or similar technologies.
C. Duration of Program
The Program will begin on June 16, 2014 at 12:00:01 a.m. Eastern Time and will run indefinitely until the program is terminated by the Sponsor. Sponsor reserves the right to shorten, suspend, modify, or cancel the Program, at its discretion, at any time. Any changes to conditions, terms, or content of program will be communicated to participants via a posting at www.pennbrew.com, as well as via the LoyalTree interface and newsblast section. In the event Program is terminated, participants will be notified three months in advance, as set forth above, and given a reasonable opportunity to redeem points remaining in their respective accounts at the time of notification. Sponsor is not responsible for the failure of any participant who does not receive notifications.
D. Enrolling in the Program
1. Eligible individuals may enroll in the Program by downloading the LoyalTree Rewards application on her/his smart device. The application will be available on the mobile device platforms noted on the Penn Brewery Restaurant Rewards website. Devices that run versions of the platforms other than the most current version may not be able to use the application in whole or in part.
2. In order to access and use the application, participants must have a device that uses one of these platforms and that is capable of accessing the Internet through a wireless data plan and/or WiFi. Sponsor is in no way responsible for any cost associated with such a data plan, nor is Sponsor responsible for any delays or technical difficulties that may arise from use of such a data plan. Devices that are not capable of accessing the Internet may not be able to take full advantage of the application.
3. Certain points-earning activities and/or redemption processes may require additional functionalities for the devices. For example, certain activities may require the participant to enable GPS location services on their device. Devices that are not capable of enabling such services may not be able to take advantage of those point-earning activities. Similarly, some points can be obtained only through scanning a QR code, which will require a camera to be built into the mobile device. Participants are expected to know the limitations of their device, and Sponsor assumes no liability or responsibility for participants that use devices that cannot take full advantage of the application and/or the Program.
4. Use of the Program application is limited to the device(s) and/or operating system(s) noted on the Program website. Furthermore, use of the Program mobile application may entail message, data, and other charges from smartphone network providers. All such charges are the responsibility of the participant. Participants should consult their individual wireless network provider for details on applicable charges.
5. Once a participant has completed the registration process, s/he will be eligible to earn points. The number of points collected by each such participant will be recorded and tracked in the participant’s Program account, which can be accessed through the application.
6. Limit: 1 Penn Brewery Restaurant Rewards account per person. The person who is the authorized account holder of the mobile device telephone number or the email account indicated when registering will be deemed the participant. In the event of a dispute as to the identity of the authorized account holder, the authorized account holder will be defined as the natural person who is assigned to a mobile telephone number (MTN) or email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning e-mail addresses, telephone numbers or wireless phone numbers for the telephone exchange associated with the submitted telephone number/e-mail address or the domain associated with the submitted telephone, as applicable. Participants may be requested to provide Sponsor with proof that he/she is the authorized account holder of the MTN and/or e-mail address associated with the winning entry. In the event of a dispute between authorized account holders of a MTN and an e-mai laddress used to register for a Penn Perks account, the authorized account holder of the e-mail address will be deemed the participant.
E. Earning Points
1. Points can be earned at any time during the Program by purchasing eligible food and non-alcoholic beverages at Penn Brewery Restaurant, by attending designated special events, or engaging in any other eligible Penn Brewery Restaurant-Rewards-related activity.The most up-to-date information will be available through the Loyaltree application; the information on the website may not be updated as frequently and so may be inaccurate at times. The lists of qualifying and eligible point-earning items and activities may be updated from time to time, and certain points-earning activities may not appear on the list. Points will only be granted for purchases made from regular menu in Penn Restaurant; no points will be award for purchases made as part of a banquet function. Purchases of alcohol, as well as food & beverages purchased during Microbrewers' Fest and Oktoberfest are not eligible to earn points.
2. Once a participant has purchased points-eligible food and/or beverage items at Penn Brewery Restaurant or engaged in a points-earning activity, that participant will receive a purchase receipt containing a code, either in alphanumeric or in QR code format, or some other method of redeeming the earned points. Alphanumeric codes should be entered into the mobile application or website where indicated, while QR codes must be scanned by the Program mobile application on a camera-equipped smartphone. Once the code has been entered or scanned into the Program (as applicable), the corresponding number of points will be added to that Participant’s account. In the event that a points-earning activity does not distribute codes in either alphanumeric or QR code format, instructions for obtaining those points will be given. Points expire 24 months after they are deposited into the participant's account.
3. Sponsor reserves the right to change the number of points awarded for any particular item or activity at any time during the Program.
4. Sponsor reserves the right to place limits on the number of times a Participant can earn points in a particular way, the number of points a Participant may earn in a given time period, the number of points a participant may earn for the duration of the Program, or any combination thereof. Sponsor may implement such limits at any time, for any reason, with or without providing notice to Program participants.
5. Participants may not purchase or otherwise acquire codes from third parties and may not combine codes obtained by others for deposit into a single Participant’s account. Participants may not transfer or sell codes or points under any circumstance, other than in programs authorized by Sponsor. Restaurant Rewards points may not be combined with or exchanged for Penn Perks points. Any attempt to combine or transfer codes or points will result in disqualification from the Program and forfeiture of all points in the participant’s account. Sponsor reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes (in its sole discretion) that any participant has violated any of these provisions. Sponsor reserves the right to change, add, or remove the methods by which participants can collect points. Participants are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.
6. Participants may not share codes with anyone, including posting codes to the Internet. Doing so will result in a voiding of that code and/or disqualification of that participant and any other involved participants from the Program.
7. Sponsor reserves the right to request validation of points redemptions if it deems such validation is necessary for the fair and equitable administration of the Program. Codes and/or redemption requests are void if (a) not obtained or submitted in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the code or request is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained or submitted as the result of or in connection with a sale, transfer, or other method which Sponsor, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. Participants must save the code or other evidence of point accrual for at least 90 days after the date participant enters the code, as it may be necessary to submit it later for verification. In its sole discretion, Sponsor reserves the right to reverse points previously credited to a participant’s account, if, upon Sponsor request, codes cannot be properly verified. Sponsor’s decisions regarding the awarding of points are final and binding. If Sponsor determines that previously-verified and codes are invalid for any reason, Sponsor reserves the right to remove the applicable credited points from the participant's account.
8. Point balances may take up to three (3) business days to be reflected in a Program account. If additional time is needed for any reason, Sponsor reserves the right in its sole discretion to award points at a later date. If a participant believes that points were not properly accrued to his/her account, the participant must notify Sponsor by sending an e-mail to firstname.lastname@example.org. The e-mail must specify the date the points were earned, the activity, the number of points, and the date of point submission. This e-mail must be sent no later than 15 days after the date on which the points were earned. Sponsor is not responsible for late notifications about points not being credited to an account, and may not award the points to the participant regardless of the reason for the failure. Sponsor reserves the right to investigate any claim of points not being credited to an account, and take whatever action it deems appropriate to ensure the fairness and proper administration of the Program.
F. Redeeming Points
1. Each program participant may select the reward(s) for which s/he wishes to redeem accrued points. S/he may select any reward from among the list of rewards offered in the online Penn Brewery Restaurant Rewards catalog at Penn Brewery Restaurant Rewards Catalog, and through the LoyalTree application interface, as long as s/he has accrued enough corresponding points in her/his Penn Brewery Restaurant Rewards account.
2. Periodically throughout the Program Period, Sponsor may modify the list of redemption rewards and corresponding point values, at any time and for any reason.
3. When a participant wishes to redeem her/his points, s/he must visit the Penn Brewery Restaurant Rewards page in the Loyaltree application and select the desired prize(s). The selection process will generate a five-digit alphanumeric redemption code. This code must be presented to a server, bartender, or restaurant manager to redeem. Please note: several of the rewards require the point redeemer to make advance reservations for the reward experience. It is the responsibility of the redeemer to a) check the requirements for prize redemption and make any reservations within the required time frame and b) present the redemption code at Penn Brewery Restaurant before the reward will be granted. Penn Brewery is not obligated to reward the prize unless these terms are met. Penn Brewery does not guarantee the availability of any specific date for experiential rewards and reserves the right to change reservation dates to an alternate date that is mutually acceptable to Penn Brewery and the point redeemer. Once the participant redeems for her/his reward, the corresponding number of points will be deducted from her/his Penn Brewery Restaurant Rewards account balance.
5. All redemption rewards are final, and Sponsor will not offer or accept any refunds, exchanges and other issues regarding the rewards.
G. Penn Brewery Restaurant Rewards Account Maintenance/Termination
1. Each Participant is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly. Each Participant is responsible for ensuring that the personal information associated with his/her account is accurate and up to date. Changes to accounts or account information may only be made by the Participant to whom the account belongs.
2. In the event Program is terminated, participants will be notified three months in advance via posting at www.pennbrew.com and the LoyalTree app to give Participants the opportunity to redeem points remaining in their respective accounts at the time of notification. At the conclusion of the three months following notification, all accounts will be shut down, and points will no longer be redeemable. Sponsor is not responsible for participants not receiving notifications for any reason.
H. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Program, methods by which participants may collect points, the eligible products to be purchased, the rewards, the number of points associated with rewards, the number of purchases through which Participants may collect points, the number of points that may be redeemed through the Program, and any of the options made available to Participants with respect to their accounts, at any time, with notice, even though these changes may affect a participant's ability to accrue or use his/her points.
3. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice, even though termination may affect a participant's ability to accrue or use his/her points.
4. A participant's continued participation in the Program constitutes the participant's acceptance of any changes to these Terms and Conditions. Participants are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous of these Terms and Conditions.
I. General Terms and Conditions
3. Sponsor reserves the right to discontinue the participation privileges of any participant who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
4. Sponsor reserves the right to rescind points credited to an account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
5. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for combined use.
6. Points are not the property of a participant and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, except as specifically permitted by Sponsor from time to time.
7. Sponsor is not responsible for any incorrect or inaccurate information supplied by any participant participating in the Program.
8. All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or a participant's compliance with these Terms and Conditions will be resolved by the Sponsor in its sole discretion.
J. Limitation of Liability
1. The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Program’s website or mobile application or online service, or for any other technical or nontechnical error or malfunction. In the event of a printing error, Sponsor, its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall not have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A PARTICIPANT ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. The Releasees, and each of their officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any use of misuse of rewards, including the obtaining of any products or services offered by or through use of the rewards distributed through the Program. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONSOR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed in connection with the Program.
2. As a condition of participating in this Program, each Participant agrees that, to the maximum extent permitted by applicable law, 1) any and all disputes, claims and causes of action arising out of or connected with this Program or any reward shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Pennsylvania (Pittsburgh Division) or the appropriate court of the Commonwealth of Pennsylvania located in Allegheny County, Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim or receive indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of a participant and Sponsor in connection with the Program shall be governed by, and construed in accordance with, the laws of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Pennsylvania.
3. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
4. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions,which will otherwise remain in full force and effect.