TERMS AND CONDITIONS
Brace yourself! This page contains some intense legal language from our lawyers.
(We really should feed them more often.) Please don't be offended; they just want
to make sure you understand all the rules. They love their rules and we promised
them that they would get a chance to write them down somewhere, and to use big words,
and to pretend to be really mean. We doubt that after reading them you'll say "Heck,
no - I'm not agreeing to that!" but read them just in case.
The
Give Me More StripesTM
Program (the "
Program") is a customer recognition program that
rewards enrolled T.G.I. Friday's® guests ("
Members") for dining
with us. Enrollment, membership, and all related benefits of the Program, including
the use of this website (our "
Website"), are offered to you by
TGI Friday's Inc., a subsidiary of Carlson Restaurants Worldwide Inc., at its discretion.
The Program is restricted to participating T.G.I. Friday's restaurants located within
the 50 United States, excluding U.S. territories ("
Participating Restaurants").
Your participation in this Program is subject to these Terms & Conditions (these
"Terms"), including any changes made to these Terms in the future.
Still with us? 5 definitions in a single paragraph. It must have been a fun day
down in the legal department! Hang in there.
ELIGIBILITY AND ENROLLMENT. To enroll in the Program you must be
a legal resident of the 50 United States (excluding U.S. territories), have a valid
postal address with zip code and valid email and telephone accounts. You must also
be at least 21 years of age as of the date of enrollment. Businesses, corporations,
joint ventures, partnerships, groups, associations, and other non-personal entities
are not eligible to participate in the Program. Employees of TGI Friday's Inc.,
its affiliates and subsidiaries, and others who are eligible for employee-based
discounts or benefits are not eligible to participate in the Program. Your membership
is nontransferable.
To enroll in the Program you must complete the online application process at this
Website, where you will be asked to provide certain identifying information, including
your email address and telephone number. All information submitted must be truthful
and accurate. It is your responsibility to ensure that the information you have
provided remains current, and to promptly notify us (by updating your online profile)
of any changes. Enrollment begins upon activation of your account, which in most
cases will be the day you complete your online registration. Upon successful enrollment,
you will receive a membership card ("
Card") by mail. Until you
receive your membership card, you can use your phone in the restaurant to identify
yourself as a new member and get credit for that visit. Information about current
promotions will be sent to the email address you provide.
PRIVACY POLICY. Information you submit on our Website will be used
as described in the
Program Privacy Policy, which is described
on another page of this Website. By applying for enrollment in, and participating
in, the Program you are agreeing that we may use your information as described in
the Privacy Policy. You are also agreeing to review these Terms and the Privacy
Policy regularly so that you can make informed decisions about your use of our Website,
your participation in the Program, and the personal information you choose to share
with us.
PROMOTIONS AND MEMBER BENEFITS. The terms of specific Program promotions
will be disclosed at the time of the offering. Our Website will explain Member benefits
and specific promotion details, which are subject to change at any time. Some promotions
may include rewards based on the dollar amount you spend on food and beverage at
Participating Restaurants. For more information about what types of purchases count
toward rewards ("
Qualifying Purchases"), see the paragraph entitled
"Non-Qualifying Purchases" below. To receive credit for a Qualifying Purchase you
should
identify yourself as a Give Me More Stripes Member and present your Card when
greeted by your server.
During an ongoing promotion, our Website may contain a summary of your purchase
balance, listing the amount you have spent in Qualifying Purchases during a promotion.
Though your Card may be used to record the dollar amount of Qualifying Purchases,
the Card will not have any cash value. We will credit your account with the amounts
of Qualifying Purchases only after the Participating Restaurant requests us to do
so. We are not responsible for any delay or failure to record purchases to your
account.
Some restaurants may not participate in the Program so be sure to check with the
restaurant location before you make your purchase. We will attempt to credit your
account with Qualifying Purchases on a timely basis. However, you have the responsibility
of making sure that your purchases are properly credited. Please retain copies of
your receipts and/or account statements for your records. Any claim for purchases
not credited accurately must be received by us before the end of the then-current
promotional offer. We have no liability for (a) any printing, production, typographical,
mechanical, or other errors regarding the earning, redemption or accumulation of
participation credit or any other aspect of the Program; (b) any delay or failure
to credit your account; or (c) any failure to provide Program communication. We
reserve the right to invalidate purchases credited to your account if we determine
that such purchases were improperly credited to your account or obtained fraudulently.
We reserve the right to require proof of Qualifying Purchases recorded in your account,
and we reserve the right to delay the processing of any reward, without notice to
you, in order to assure compliance with these Terms. You are responsible for restricting
access to and maintaining the confidentiality of your account and password, and
you agree to accept responsibility for the activities of anyone using your password.
The Program is void where prohibited. (We just knew they were going to put
"void where prohibited" in here somewhere. At least they didn't throw in that other
standard line about other "exclusions may apply.")
NON-QUALIFYING PURCHASES. Qualifying Purchases shall not include
any purchase of alcoholic beverages, unless such purchase also includes food items.
The dollar amount of a Qualifying Purchase may not include the amount of any sales
tax, state fees, delivery charges, or gratuities added to the food and beverage
charge. Certain items may be excluded from credit in a particular promotion. Purchases
of T.G.I. Friday's gift cards will not count as Qualifying Purchases.
Your account
will be credited for Qualifying Purchases made with a gift card, but will not be
credited for your purchase of a gift card.
Other exclusions may apply.
(Oops.)
RESTRICTIONS ON USE AND REDEMPTION. We are not obligated to apply
Program rewards to pay for the following: sales tax, state fees, delivery charges,
or gratuities. We reserve the right at any time to limit Program enrollment, or
to establish different levels of Program participation that may result in promotions
that are not available to all Members. We may discontinue your membership and void
or cancel your account at any time, for any reason, without notice to you, including
if we suspect that you have engaged in fraud or theft, or have otherwise acted illegally,
or not as authorized in these Terms. These rights are in addition to any other legal
or equitable remedy which may be available to us under applicable law.
You may only enroll in the Program for yourself, and may only participate in the
Program using your own Card and account. You cannot participate in the Program on
behalf of other Members or non-members.
You should not rely upon the continued availability of the Program, or any earning
or redemption offers, merchandise or other offers made in connection with the Program.
All rewards are available while supplies last and are subject to change and/or revocation
without notice.
PROGRAM OR ACCOUNT TERMINATION OR MODIFICATION. You may cancel
your membership at any time by notifying us by e-mail at the address given below.
Cancellation may take a brief period to finalize. You will forfeit your entitlement
to any Program reward immediately upon de-activation or termination of your membership.
If you do not use your Card to make a Qualifying Purchases during any 12-month period
your account balance will be reduced to zero and you will forfeit any Member participation
credit you had accumulated.
We reserve the right to deactivate any Member account that has not earned a Qualifying
Purchase during a period greater than 12 months.
We reserve the right, at our sole discretion, to (a) suspend, change or terminate
the Program, any individual promotion, or any member benefit, in whole or in part;
(b) modify, limit or suspend the use and/or redemption of any participation credit,
such as Qualifying Purchase credit, in any respect; (c) modify or change redemption
procedures, including the amount of participation credit required for particular
rewards; (d) modify, limit or suspend the collection of participation credit, including
but not limited to imposing time limits and changes in participation credit values.
We may make these changes even though the changes may affect the value of Member
participation credits already accumulated at any time and from time to time. Your
continued participation in the Program after any modification to the Program and/or
these Terms will indicate your acceptance of any such modification. You expressly
agree to assume responsibility for reviewing the Terms for any updates or modifications.
If you don't agree to any changes to the Program or these Terms, your sole remedy
is to deactivate your account (and forfeit any unused participation credit).
You expressly agree to waive and set aside your respective rights and obligations
under any applicable law in the event of any termination of the Program or modification
of these Terms to the extent that such law requires any judicial pronouncement for
the termination of the Program or modification of these Terms. We also agree to
waive and set aside our respective rights and obligations in this regard.
(See?
Lawyers really can be nice when you get past all of that "including but not limited
to" and "sole remedy" mumbo jumbo. You can even train them to be gentle with cats
and small children.)
MEMBER OBLIGATIONS AND REPRESENTATIONS. By submitting an application
to enroll in the Program, or by taking part in the Program, you are expressly agreeing
to be bound by these Terms, as they may be amended from time to time. You agree
not to misuse Program privileges by conduct that is detrimental to us, including
without limitation: having multiple accounts; making purchases on the behalf of
other Members; participating in purchasing or redemption fraud; or using any robot,
spider, other automatic device or manual process to transact with or monitor the
Program.
You agree to comply at all times with all laws, rules, and regulations that are
applicable to you. You hereby acknowledge that you may only participate in the Program
if and to the extent that such participation is permitted by all applicable laws,
rules, and regulations, and that your application for enrollment is subject to our
acceptance. We may refuse at any time to enroll you, or to restrict, modify, or
terminate your participation in the Program without liability to you or any law,
rule, or regulation.
You agree to provide only accurate and true information to us at all times. You
agree to comply with all of these Terms and with the terms of any affiliated and/or
related programs, offers and promotions at all times. You agree to promptly notify
us of any change in address, whether mail or e-mail, by updating personal information
on our Website. This includes notifying us if your Card is lost or stolen. You agree
that your participation in the Program is entirely at your own risk.
("At your own
Risk?!" That's a little spooky. We promise we don't have the slightest clue what
these legal guys are talking about.)
LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US.
NEITHER TGI FRIDAY'S INC., ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES,
SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("
ASSOCIATES")
SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE,
DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES
AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "
LOSSES AND DAMAGES"),
DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE PROGRAM
OR THE WEBSITE; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE
PROGRAM; (IV) ANY UNAUTHORIZED USE OF YOUR CARD OR ANY BREACH OF SECURITY BEYOND
OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT
THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE
PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE
OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations
of liability shall apply whether the alleged liability is based on contract, negligence,
tort, strict liability or any other basis, even if we or our affiliates or our or
their representatives have been advised of or should have known of the possibility
of such losses and damages, and without regard to the success or effectiveness of
other remedies.
IN NO EVENT SHALL OUR AND OUR AFFILIATES' MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER
FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH
ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S.
$25.00).
By participating in the Program you hereby agree: (a) to release us and all of our
affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and
independent contractors, and each of their officers, directors, employees and agents
from any and all liability, loss or damage incurred with respect to the issuance,
receipt, possession, and/or use or misuse of any reward; (b) under no circumstances
will you be permitted to obtain rewards for, and you hereby waive all rights to
claim, punitive, incidental, consequential, special or any other damage or loss,
other than for actual out-of-pocket expenses; (c) all causes of action or claims
arising out of or connected with the Program, or any reward shall be resolved individually,
without resort to any form of class action; and (d) any and all claims, judgments,
and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys'
fees and court costs.
Getting kind of loud in here with all of these capitalized words, huh? As best as
we can understand, this is our friendly legal department's way of saying "if your
boss fires you because you won't spend your T.G.I. Friday's rewards on him and,
in your subsequent rage, you punch the wall and break your hand…don't sue us because
that's your own fault…or maybe your boss's...but definitely not our fault."
NO WARRANTY
THE PROGRAM AND THE WEBSITE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OR REPRESENTATION
OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER,
WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF
LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE.
Again with the shouting. Looks like somebody in the legal department could use a
little more Friday's.
GOVERNING LAW
Your application for enrollment, participation, and redemption of rewards in connection
with the Program are subject to our verification and acceptance, which acts shall
be deemed made, performed, transacted, and closed in Texas, USA. By participating
in the Program, you agree that the laws of the State of Texas, without regard to
any conflict of laws rules, will govern your and our observance of these Terms.
Remember the Alamo!
GENERAL
If we fail to act with respect to your breach or anyone else's breach of these Terms
on any occasion, we do not waive our right to act with respect to future or similar
breaches.
These Terms constitute the entire agreement between you and us regarding your participation
in the Program, your entitlement to earn rewards through the Program, and your entitlement
to any other benefits of the Program, and supersede all prior agreements between
us, whether oral or written, including, without limitation, all previous versions
of these Terms.
If any provision of these Terms (including limitations of liability) is held by
a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable
for any reason, such provision shall be deemed changed and interpreted so as to
best accomplish the objectives of the original provision to the fullest extent allowed
by law and the remaining provisions of this Agreement shall remain in full force
and effect.
We are the final authority as to the interpretation of these Terms and as to any
other questions or disputes regarding the Program or any reward.
Well, now. That seems a little heavy-handed. Tell you what; if you have any problems
or questions just
contact us, and we'll see what we can do. Don't worry; we don't let our
attorneys have email accounts. Nobody talks to them anyway.
PRIVACY POLICY
We want to provide you with the means to control your privacy and give you a way
to voice questions or concerns you may have.
It is our policy never to send non-essential communications to members who have
asked us not to do so.
The only personal information we collect from you is your name, birth date, email
address, your mailing address and telephone number. We recognize that the loyalty of our customers
depends upon our relationships with them and we strongly support the rights of customers
to maintain privacy of personal data.
Don't worry; at T.G.I. Friday's®, your personal information is safe. We don't give,
share, sell, lend or let other people take a sneak peek at your information.
Our Commitment To Your Family
Like you, we have children of our own and are concerned about their safety when
they use the Internet. We want you and your family to be safe while visiting our
website. That is why, consistent with the Federal Children's Online Privacy Protection
act of 1998 (COPPA), we do not offer program participation to minors and will never
knowingly request information from children. For more information about protecting
the privacy and safety of minors online, we recommend you visit
http://www.ftc.gov/kidzprivacy/index.html.
What Information Do We Collect?
We must collect certain personal information that is necessary to identify you as
a member and to determine your entitlement to rewards. We also may collect certain
information regarding your spending at our restaurants to make it easier to determine
what promotions will be most appreciated by our loyal customers, and how to eliminate
hassles and provide greater convenience for our members. You could be asked at various
times to provide information such as your mailing address to ensure proper delivery
of a reward. We may collect the domain name of visitors to our website, user-specific
information of those visitors who volunteer it on the pages of our website, and
other voluntary information such as survey information. Like many other commercial
websites, our website may employ a standard technology called a "cookie" to collect
information about how our website is used. Our website may provide links to websites
operated by us, or pages on this website at which you can learn more about or products
or enroll for special benefits. Should you choose to enroll in our program you will
be asked to submit limited personal information, which will be subject to this privacy
policy as well as any specific program terms and conditions or other policies, disclosures
or use practices that we may disclose to you at the time you register.
Who Has Access to Your Personal Information
The information that you provide is collected by Carlson Restaurants Worldwide,
Inc. (CRW), our parent company, and those service vendors who help CRW administer
the program. Three CRW service vendors - Deutsch LA (our website host), Comdata
Stored Value Solutions, Inc. (electronic vendor card producer) and Micros Systems,
Inc. (system software, data storage and reward processor) - will handle your personal
information, but only to the extent necessary to collect (at the website), deliver
(to the program's software and card production company) and store the information
for administration of the program." In any case, CRW is the lawful "owner" of the
information and each of these vendors is lawfully bound to use the information only
for the purpose of administering the program for CRW and to take all necessary precautions
to protect the information. Ownership of any information you provide us will be
held solely by CRW. We will not sell ownership of this data to any other company
or organization.
How The Information Is Used
We use the information that we collect to understand your preferences and history.
With this information we make it easier and more rewarding for you to use our program
-- to determine what promotions you enjoy and to increase the convenience of participating
in those promotions. We also use the collected information to provide you with the
services you request, as otherwise described at the time we collect information,
and to improve the design of our website. As you earn participation credit in our
program, processing information will be sent to Micros Systems, Inc. so that we
can keep track of your transactions and properly credit your account.
We will not transfer information to competitors. Your information will always be
used only to help us ensure that our program is rewarding for you.
Depending on whether you voluntarily sign up for these particular features, we may
occasionally send you e-mails containing your earned rewards or informing you about
changes to the program, including news about promotions and special offers available
only to our program members. At T.G.I. Friday's®, your personal information is safe
with us. We don't give, share, sell, lend or let other people take a sneak peek
at your information.
Our ability to provide enhanced services may occasionally depend on our ability
to develop summary reports for our advertising agents that contain raw numbers or
statistics (but never tell them who it was that made a certain purchase, stated
a preference or clicked on an option).
It is our policy to never send messages to
members who have asked us not to do so, except as is necessary to permit a member's
participation in the program; e.g., delivery of members' rewards and required program
notifications.
Information Distribution
It is our strict policy not to share your personal information and membership data
with any third party, except as is necessary to operate the program and maximize
our members' enjoyment of the program.
Although unlikely, we may be required by law enforcement or judicial authorities
to provide personally identifiable information to the appropriate governmental authorities.
If requested as part of a legal proceeding, we will provide this information upon
receipt of the appropriate documentation.
It is not our usual policy but from time to time we may permit other companies to
place advertising on our website, and these companies may collect information about
you through the use of cookies when you view or click on their advertising or content
(using the same techniques described above). Due to the way the Internet technically
operates, we cannot control this collection of information. You should contact these
advertisers or content providers if you have any questions about their use of the
information they collect.
There may be links that will let you leave our website. We do not control the links
or their websites and we are not responsible for the contents of any linked website
or any link contained in a linked website. The inclusion of any link does not imply
endorsement of the website. The use and/or privacy provided by the operator of a
linked website as to any information you provide in accessing a linked website is
in no way subject to our privacy policy. Any linked website may have its own policy
that could differ considerably from our policy, or the linked website may not display
any privacy policy at all. In any case, even though a linked website is accessed
through our website, we cannot be responsible for any use that a linked website
may make of your information.
Declining Offers
You will not receive electronic or posted offers from us unless you specifically
opt-in to receive them at the time of registration. If you later decide that you
do not want to receive offers from us, please let us know by logging on to your
account at www.givememorestripes.com and revising your membership preferences for
email, mail, and text messages.
What Kind Of Security Procedures Are In Place to Protect the Loss, Misuse or
Alteration of Information under Our Control
We operate secure data networks protected by industry standard firewall and password
protection systems. Our security and privacy policies are periodically reviewed
and enhanced as necessary and only authorized individuals have access to the information
provided by our customers. To the extent that administration of the program requires
us to grant our service vendors access to customer information, we insist that they
implement similar controls.
How You Can Correct Any Inaccuracies in the Information
You have the ability to access and edit the personal information that you have provided
to us. To update the information retained about you, or to deactivate your account,
please visit
www.givememorestripes.com.
Your Acceptance of These Terms
By enrolling in the T.G.I. Friday's Give Me More Stripes Guest Recognition Program
or otherwise providing information to us on this website, you agree to our Privacy
Policy. We may also change the policy from time to time, so please be sure to visit
this website often to see if anything has changed. If we post changes and you continue
to use the website, you will be deemed to have agreed to the changes.