Terms and Conditions | HopCat

Terms and Conditions

HopCat Rewards

 

The Program

The HopCat Rewards program (the “Program”) allows you to earn rewards in connection with your food purchases to participating HopCat restaurants, and to redeem the points earned on food purchases for rewards (collectively, “Rewards”), as provided in these “Terms and Conditions.” Please read these Terms and Conditions carefully, and keep them with your records. By enrolling in the Program, you agree to these Terms and Conditions, as they may be modified from time to time in our sole discretion (with the exceptions noted in Section 19, below). This Program is void where prohibited by federal, state, or local law, and Rewards may be restricted by federal, state, or local law. THESE TERMS AND CONDITIONS INCLUDE A WAIVER OF CERTAIN RIGHTS, INCLUDING TO SUE IN COURT OR TO PURSUE A CLASS ACTION. SEE SECTION 19, BELOW. 

Definitions

In these Terms and conditions:

“Member” means the person identified in our records as the holder (or owner) of the Rewards Account. “Program Website” refers to www.hopcat.com/rewards

“HopCat, BarFly Ventures LLC, “we”, “our”, “ours,” and “us” refer to BarFly Ventures LLC and all of its affiliates and subsidiaries, or its and their assignees.

“Suppliers” mean any independent third party that we engage to provide services, rewards, or other benefits for the program”

“Rewards Account” refers to the record of the visits and other offers you have earned

“You” and “your” refer to any person or entity participating in the Program.

Program Eligibility

To be eligible to create a Rewards Account, participate in the Program and earn and redeem Rewards, you must be at least 18 years of age and have a valid email address and mobile phone number. A Rewards Account is unique to the individual Member holding the account and may be associated only with a single email address and mobile phone number. The same mobile phone number may not be associated with more than one Rewards Account, nor may the same email address be associated with more than one Rewards Account. The HopCat Rewards Member or immediate family member of the Member must be present to earn rewards for the transaction. In addition to the rights set forth in Section 11 hereof, at BarFly’s sole discretion and without the necessity of notice to you, Rewards Accounts created in violation of these requirements are subject to suspension until such accounts are brought into compliance by the Member, and/or such accounts and associated Rewards may be modified by BarFly to bring such Rewards Accounts into compliance. 

Participating Locations

Program Members may earn and redeem rewards only at participating HopCat locations, which are subject to change from time to time at BarFly’s discretion.

Enrollment and Rewards

You may enroll in the Program by texting to join, visiting our Website or mobile site and following the enrollment instructions. Each Member will have access to a personal Rewards Account page during the course of his/her membership. You may access your Rewards Account, by visiting the Website and signing in to your account, or by logging into your Rewards Account on our HopCat app. It is your sole responsibility to safeguard any password associated with your Rewards Account and to make sure that your contact information in your Rewards Account remains current and complete; BarFly disclaims any responsibility for the accuracy of a Member’s Rewards Account contact information. Once you have successfully enrolled in the HopCat Rewards Program, you may begin earning Rewards by performing the qualifying activities described below. You will not receive credit for any activity that occurred prior to your enrollment. You may continue to earn Rewards so long as BarFly, in its sole discretion, determines that you are eligible for participation in the Program.

Enrollment Bonus via Referral: Upon enrollment in the Program via a Referral link only, a Member will receive a bonus of 10 rewards points add to their account. The Enrollment Bonus via Referral is subject to the same expiration date of all earned points. The Enrollment Bonus of 10 rewards points has no cash value.

Referral Bonus: Members may be asked to refer friends or family to the HopCat Rewards program using a special referral code unique to each Member (“Referral Link”). A Member will receive a referral bonus of 10 HopCat Rewards points. The Referral bonus of 10 HopCat Rewards points are subject to the same expiration terms as all HopCat Rewards points. Effective June 13, 2019, a Member cannot accrue or obtain more than 10 Referral Bonus Points in a three hundred and sixty-five (365) day period. Members can share their Referral Link to friends and family but cannot post the link on any paid advertising mediums or through the a bot. Upon discovery of use of a Referral Link posted on any paid advertising medium or via a bot, the Member’s Referral Bonuses will be invalidated.

Program Rewards: The Program is a spending based Program that allows you to earn Rewards based on total spend on food purchases at any of our brand participating locations, as described below.

In order to receive a Reward, you must earn 100 points on qualifying food purchases. Points are earned by equivalent dollar spend on qualifying food purchases, $1 on every purchase corresponds to 1 point earned. Points will expire if the Rewards Account does not have any guest activity for 90 days. Food purchases include any food item from the HopCat menu, sides, specials, and brunch. This is not meant to be a binding list of all qualifying items, BarFly reserves the right to change qualifying items without notice to you. Points are awarded to the qualifying food items on the bill, excluding any purchases of gift cards and alcohol, and any applied discounts, taxes and tip. You must identify yourself as a Member to your server or bartender for points to be credited to your Reward Account.

Upon successfully achieving required points (100), your Reward Account will be credited with a Reward consisting of $10 off your next purchase of $15 or more. This reward expires in thirty (30) days. Reward

discount may not be applied toward the purchase of gift cards, alcohol, taxes or tip. Reward discount may not be combined with any other coupon, offer, or discount.

The Reward must be used within thirty (30) days from the date it was issued.

Only 1 unique Rewards account can be used per Guest Check.

Referral Bonus

10 points added to Reward Account

Referral Bonus Expiration

90 days if no additional activity occurs on account

$10 Reward

(After all applied discounts and excluding purchases of gift cards, alcohol, taxes and tip) $10 off of minimum qualifying spend of $15.

Earned after 100 points are accrued

Capped at 1 reward per check

Reward Expiration:

30 days from date of issuance

Birthday Reward:

1 food item from list of entrees, pizzas, salads, sandwiches, burgers and lunch. Food items subject to location availability

Birthday Reward expiration:

7 days from date of issuance

Registration Reward

Double points on next visit that points are awarded on

Registration Reward Expiration:

After first visit usage 

Additional Rewards Opportunities:

From time to time we may award bonus Rewards for other activities or purchases. The terms and conditions for each award may vary, including how bonus Rewards are earned, how the activity or purchase amount eligible for bonus Rewards is determined, and when the applicable Reward expires. Any such Reward will be subject to these Terms and Conditions and any additional terms and conditions applicable to the Reward.

When Rewards Are Credited

Rewards will be credited to your Rewards Account within 24-48 hours from the time they are earned. 

Statement of Rewards:

Your Rewards Account will show accumulated totals for Rewards earned, adjusted and redeemed, and your current Rewards balance. You may access your Rewards Account:

By logging on directly to the Program Website; or

By logging on directly to the Program App

You must report any errors in your Rewards Account that are related to Rewards earned, adjusted or redeemed within thirty (30) days after the date the error appears on the account. We have no obligation to correct any errors reported after this 30-day period and any such corrections will be made at our sole discretion. To receive credit for a missing visit, an itemized receipt that contains the date of the visit and the total amount spent must be submitted. In lieu of the itemized receipt, a Member can submit the date of purchase, the HopCat location of purchase, purchase total, type of credit card used and last four digits of card. A Member can submit the request to the email rewards@hopcat.com. In order to receive credit, you must be a registered Member at the time of the visit. We will not be liable for any damages resulting from any failure to credit Rewards to your Rewards Account in a timely manner.

Redeeming Rewards

Members may redeem Rewards: By visiting a participating restaurant location and identifying himself/herself as a Member to their server and asking for the server to apply the reward discount.

You can redeem a Reward only if your Rewards Account shows that you have the acquired reward in your Reward Account wallet. Messages, including but not limited to, emails and push/pull notifications, are not eligible to be considered a redeemable reward. When you redeem a Reward, we will subtract the Reward from your total accumulated balance as shown on your Rewards Account. Rewards that have not yet been credited to your Rewards Account are not available and cannot be redeemed until such time as they have been credited to your account. Members may earn only those Rewards described on the Program Website, as may change from time to time at our sole discretion. From time to time, we may send you electronic updates of current Rewards. 

All Rewards are subject to availability, have no cash value, are non-transferable, and cannot be purchased or sold for cash. Additional restrictions may apply. BarFly Ventures and the Administrator may alter, substitute, withdraw, change, discontinue, temporarily suspend, terminate or replace any Reward for any reason at any time without notice to you. Neither the Administrator, nor BarFly Ventures guarantees or represents that any specific Reward will be available for any particular length of time. Neither the Administrator, nor BarFly Ventures will be responsible for errors, omissions, or delays in the handling or delivery of Rewards.

Unredeemed Rewards will expire thirty (30) days from the date on which they were credited to your Rewards Account. Rewards will be redeemed and/or expired on a first-in, first-out basis. Rewards have no partial or residual value. Rewards cannot be combined or reinstated, and cannot be bought, sold or transferred in any way.

Tax Liability and Fees:

You will be responsible for any federal, state, or local taxes resulting from your earning or redeeming Rewards.

Program Changes and Termination:

The Program is offered at the sole discretion of BarFly Ventures. We reserve the right, in our sole discretion and at any time: (a) to terminate or suspend the Program, in whole or in part; and (b) to add, delete, or otherwise change any of the Terms and Conditions, including changes to fees and charges, changes to the activities by which Rewards may be earned, and changes that may reduce or cancel the redemption value of Rewards credited but not yet redeemed. If we change the Terms and Conditions to provide Rewards for a new activity, no Rewards will be awarded for any activity that occurred prior to the effective date of the change. We may change the Terms and Conditions without pr9ior notice to you, but the current version of the Terms and Conditions will be posted on the Program Website. By continuing to participate in the Program following any change in the Terms and Conditions, you are accepting the changes to the Terms and Conditions.

In addition, we reserve the right to terminate your participation in the Program and to invalidate all or a portion of your Rewards balance, whether or not credited to you Rewards Account (a) in the event of any abuse or fraud relating to the earning or redemption of Rewards, and/or any violation of the Term and Conditions (including any attempt to sell, exchange, encumber or transfer Rewards); or (b) for your failure to meet eligibility requirements. We reserve the right, in our sole discretion, to determine whether termination or disqualification is appropriate. We reserve the right to deny access to your account or account history in the event your account is terminated. These rights are in addition to any other legal or equitable remedy that may be available to BarFly under applicable law.

You may terminate your participation in the Program at any time by contacting us at rewards@hopcat.com. A period of extended inactivity on a Rewards Account may result in the termination of such account. In the event we terminate the Program, your Rewards Account, or you terminate your participation in the Program, within the ninety (90) days following this event you may redeem any Rewards that have been credited to your Rewards Account, unless such Rewards have been invalidated as set forth in the preceding paragraph, in accordance with these Terms and Conditions. You will forfeit any Rewards that you do not redeem within this ninety (90) day period.

Rewards Disclaimer:

BarFly Ventures does not warrant the quality, merchantability, or fitness for a particular purpose of any Rewards you procure. BarFly Ventures will not be liable or responsible for any loss, damage or injury to property or person that may arise or result from participating in the Program, redeeming Rewards, or using Rewards or by any cause, condition or event beyond the control of BarFly Ventures. BarFly Ventures is not responsible and shall not have any liability for typographical errors and/or omissions in any Program materials. BarFly Ventures reserves the right to adjust your Rewards Account at any time to correct any incorrect Reward balance, including the right to reverse any Rewards that were credited in error and/or not legitimately earned in accordance with these Terms and Conditions. BarFly Ventures decisions regarding the interpretation of these Terms and Conditions and the awarding of Rewards shall be at its sole discretion, shall be final and not subject to appeal.

Release:

By using the Website, Rewards App, becoming a Member or redeeming a Reward, you hereby agree to release, discharge, and hold harmless BarFly Ventures and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from any and all liability for claims resulting from any acts or omissions of the released Parties in providing or failing to provide services in connection with the Program, and from any cause, condition, or event beyond the control of BarFly Ventures. You also agree to release, discharge, and hold harmless the Released parties from all liability for any accident, injury, claims, damages, loss, expense, inconvenience or damages, arising out of: (a) your participation in, or failure to participate in, the Program, (b) the use of or defect in any Reward. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND REWARDS APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. The sole extent of Released parties’ liability, if at all, shall not exceed the actual retail value of the Reward in dispute. You agree that any claim under these Terms and Conditions must be brought within six (6) months after the cause of action arises, or such claim or cause of action shall be barred. 

Use of Program Website or Rewards App:

The Administrator operates the Program Website and Program app, which provides additional information regarding the Program and, if you are a registered user of the Program Website and/or Program app, also will give you access to your rewards account. You alone are responsible for maintaining the confidentiality of your online profile information, including your username and password, and for any and all activity that occurs with respect to your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username or password, or any other breach of security. Regardless of when you notify us, you agree that we will not be liable for losses incurred by you or any other user of or visitor to the Program Website as a consequence of the use of your username, password or online profile by someone else. You agree not to use another person’s username, password or online profile at any time without the express permission and consent of that person. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.

Assignment:

You may not transfer or assign your Rewards or any other Program benefits.

Trademarks:

All registered marks, trademarks and service marks belongs to their respective owners.

Communications with you:

We may communicate with you regarding any matter related to the Program by mail, telephone or electronic communications, including e-mails. You consent to the receipt of all rewards, correspondence, transaction confirmations and other information from us electronically through access to the Program Website, your Rewards Account on the Program Website, the Rewards App, or the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the Program Website or app or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You agree that we may rely on any oral and electronic instructions from you to us. You are solely responsible for updating the contact information your Rewards Account should there be any change in your name, address (including e-mail addresses you use with us), or telephone number(s).

Information We Collect and Use:

Information collected from Members is subject to Sponsor’s Privacy Policy, located at [where we host Paytronix Privacy Policy]. By applying for enrollment in, and participating in the Program, you are agreeing that we may use your information as described in our Privacy Policy. You are also agreeing to review these Terms and Conditions and the Privacy Policy regularly so that you can make informed decisions about your use of our Program Website, your participation in the Program, and the personal information you choose to share with us. You may obtain a copy of BarFly Venture’s Privacy Policy at any time by emailing rewards@hopcat.com or by visiting [where we host Paytronix Privacy Policy] 

Disputes:

You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms & Conditions and/or Program, you will send a written notice to us (“Demand”).

You agree that the requirements of this Section 19 will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send this Demand to the following address (the “Notice Address”): BarFly Ventures LLC, Attn: Bethany Day, 35 Oakes St SW, Suite 400, Grand Rapids MI 49503.

You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand. If we do not not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please not that for any such filing of a demand for arbitration, you must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, YOU MAY FILE YOUR CASE WITH ANY NATIONAL ARBITRARTION COMPANY. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.

You agree that you will not file any lawsuit against us in any state or federal court. You waive any right to a trial by a jury or a state or federal judge. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

We agree that we will not file a class or collective action against you, and that we will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms and Conditions and/or Program. We agree that we will submit all disputes with you to arbitration before the Arbitrator.

Notwithstanding any other provision herein, you will not be bound by any changes we make to this Section 19 unless you are provided prior notice by mail, e-mail, text, or other direct notification and do not cancel your enrollment. If you do cancel your enrollment in the Program, you will still be bound to the most recent Terms and Conditions operative when your enrollment was active.

Choice of Law:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member, BarFly Ventures and the Administrator in connection with the Program and these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Michigan. MEMBER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE PROGRAM, THE GRANTING OF REWARDS AND THESE TERMS AND CONDITIONS WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.

Miscellaneous Terms:

If at any time any provision of these Terms and Conditions is determined by a court of competent jurisdiction as being illegal, invalid or unenforceable in any respect, such provision will be deemed to be removed from these Terms and Conditions and replaced with a lawful provision most closely approximating the intent of the stricken provision (except as noted in Section 19); and, the illegality/invalidity/unenforceability of any stricken provision shall not affect the legality or validity or enforceability of any other provision of these Terms and Conditions (except as noted in Section 19). No delay in BarFly Ventures in enforcing the provisions of these Terms and Conditions in any given instance will in any way prejudice or restrict the rights of BarFly Ventures nor will any waiver of rights by BarFly Ventures in any given instance operate as a waiver of any subsequent breach by any person of any provision of these Term and Conditions.

To Contact Us:

To contact us about the Program, you can email us at rewards@hopcat.com

Entire Agreement:

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Program and your participation in it, and any and all prior agreements with respect to any other rewards program are superseded by these Terms and Conditions. These Terms and Conditions and the Program are governed by the State and US laws, without regard to its conflicts of law principles. Our failure to exercise or enforce any right or provision of the Term and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect.

 

Draft 2 Completed 8/19/19