Pie Life Rewards Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN PIE LIFE REWARDS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN PIE LIFE REWARDS.

PARTICIPATION IN THIS PROGRAM SUBJECTS YOU TO ARBITRATION. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. PLEASE READ THE DISPUTE RESOLUTION SECTION BELOW CAREFULLY

These Terms and Conditions apply to your access to and participation in Pie Life Rewards, a program that is operated by The Little Brown Box Pizza, LLC, or its respective subsidiaries, licensees, franchisees, and affiliated companies (collectively “PIEOLOGY”).

PROGRAM DESCRIPTION

Pie Life Rewards (the “Program”) is a customer loyalty program that allows member(s) of the Program (“Member”) to earn and redeem points for Rewards on an individual basis. These Terms provide a general overview of the Program. For more information on the Program, its features, and frequently asked questions, please visit the FAQ page. There is no fee for participating in this Program. No portion of any payment for purchases qualifying for points in the Program constitutes consideration paid for the rewards earned.

Each Member may only hold one Program account. Member points are personal to each Member, and they may not be sold, transferred, assigned or shared, or used by the Member for any commercial purpose. Points accumulated are promotional and have no cash value.

ELIGIBIILTY

In order to become a Member and earn or redeem points, you must be at least 18 years of age, although certain offers under this Program may have additional age requirements, in Pieology’s sole discretion. The Program is intended for personal use only. Commercial use is prohibited. No business entities, organizations or groups may become Members.

ENROLLMENT

You may enroll in the Program by downloading Pieology’s app (“the App”) if your device supports the App, available for free on the USA app stores for Apple or Google Play. To enroll, you must provide the requested information, which may change from time to time, including but not limited to your full name, email address, phone number (optional), date of birth, zip code, favorite Pieology location and then create a password.

Pieology reserves the right to limit participation and enrollment at any time. Pieology may also request additional or different information from time to time. You are responsible for providing true and accurate information and to ensure that the information remains up-to-date and accurate. Program communications with you will be made using the information in your Member account. Pieology is not responsible for your inability to receive or redeem points, rewards, or other member benefits, or any other loss arising from your failure to provide and maintain accurate contact information in your Member account.

From time to time, new members may, upon downloading the Pieology App and completing an account enrollment receive a welcome reward, in Pieology’s sole discretion, and in accordance with the terms in effect at the time of establishing the Member account. The details of any such welcome reward, including its expiration date, are available to Member under the “Rewards” tab of the Member’s account.

Members’ participation in the Program is subject to Pieology’s Terms of Use, which are incorporated herein by reference. In the event of any conflict between these Program Terms and Conditions and the Pieology Terms of Use, Pieology’s Terms of Use shall control all information provided by Members, whether as a result of enrolling in or otherwise by participating with the Program, is subject to Pieology’s Privacy Policy. Please read the Privacy Policy carefully to understand how Pieology collects, uses, and discloses information about Members and how to update or change your personal information and how we communicate with you.

PARTICIPATING LOCATIONS ONLY

Points can be earned and rewards can be redeemed ONLY at participating Pieology locations within the United States of America, including Washington, D.C. and USA territories. Call your local restaurant for details on latest offerings and program participation details.

MEMBER ACCOUNT INFORMATION

Members may view their account, profile information, point balance and earned rewards at any time on the App.

Members may not maintain more than one Program account. In the event that the same individual opens more than one Program account, the duplicate account may be terminated

HOW TO EARN POINTS THROUGH PURCHASES

Members will earn one (1) point for every U.S. dollar spent on eligible purchases at participating Pieology locations. Eligible purchases EXCLUDE purchases made with any third party ordering services, the purchase of Pieology gift cards, redemption of rewards under this Program, non-food/beverage merchandise and non-food/beverage promotional items (in Pieology’s sole discretion), alcohol, taxes, surcharges, rewards, comps, tips, store credits, and promotions.

There are four ways to check-in and earn points through purchases. 1) Check in at the beginning of each visit to a participating location by signing into the Pieology App and scanning the QR code within the App at the location register. Purchases at the location will be automatically uploaded into Member’s account. 2) Check in at the location by providing the cashier at the time of purchase with Member’s email address or phone number on Member’s account. 3) Check in by using the App to scan the barcode located at the bottom of Member’s original cash register receipt. 4) If ordering online, please sign into your Member account before placing your order, and your order will automatically be uploaded to your Program account.

If you void an eligible purchase made while you are checked in or return or request a refund on an eligible purchase in the future, Pieology will deduct the points associated with that purchase from your Member account. If Member fails to check in at the time of purchase or does not provide a valid email address or phone number to facilitate check in, Members can request that the points for a previous purchase be retroactively credited to their account with information contained from the applicable receipt and if the request is made within seventy-two (72) hours from the time of purchase. Other retroactive credits are not available without proof of purchase and are available only in Pieology’s sole discretion.

Points may only be earned on purchases at participating locations made by the Member directly. Points earned from eligible purchases is a number equal to the price of eligible purchases multiplied by 1 calculated as follows: The point system calculator will determine the points earned by calculating the total order dollar amount multiplied by 1 then rounding to the nearest whole number and subtracting the total amount of any ineligible items multiplied by 1 then rounded to the nearest whole number.

Points are automatically tracked when you are checked in. Points for any single qualifying purchase may only be credited to one Member account. Points will be credited upon completion of the qualifying purchase. In certain cases, it may take up to 48 hours or more for points to appear in Member’s account. Pieology shall not be responsible for, or liable to, any Member, person, or entity, in any way for any losses, costs or expenses incurred by any delay or error in crediting points to a Member account.

OTHER WAYS TO EARN POINTS

From time to time, Pieology, in its sole discretion may offer 1) a point incentive to invite other users to participate in the Program; 2) other purchase rewards; or 3) other Program benefits or rewards. Such offers will be subject to these Program Terms and Conditions and any additional terms set forth in that offer. Rewards may not be identified to Member in advance. Activities or purchases tied to specific rewards must be fully completed, as determined by Pieology in its sole discretion.

POINT EXPIRATION

All unused Program points in Member’s account as of the effective date of these Program Terms & Conditions (“Effective Date”) expire the later of 3/16/22 or on the 365th day from when they are earned and will not be available for use after the expiration date. All unused Program points in Member’s account earned subsequently to the Effective Date expire on the 365th day from when they are earned and will not be available for use after the 365th day. Upon expiration, the expired points will be removed from Member’s account and will not show in their open balance in the Pie Life app. Pieology reserves the right to adjust the expiration of points to a lesser period without notice to the Member. See Program Changes and Termination below for more information.

REDEEMING YOUR POINTS

You must have at least enough unredeemed and unexpired points in your Member account for the reward you wish to redeem. For a complete list of rewards and point levels needed to redeem a reward, click HERE. See terms of the relevant reward offer for details.

Pieology reserves the right to limit the redemption of any specific rewards. Points will be subtracted from the Member account immediately when a reward is requested based on the total points for the requested award. Points will be restored to a Member account only if in Pieology’s sole discretion, it determines that the reward requested by that Member is unavailable or cannot be delivered. If a full reward is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. Pieology has the sole discretion to determine the size of the reward. Rewards may not be earned or redeemed if unexpected technical difficulties arise.

MEMBER INACTIVITY, DEACTIVATION OR CANCELLATION

Definitions. Inactivity means a period of not participating in the Program through point earnings. Deactivation means a period of time when a member’s account is dormant, but still in existence. Suspension means a period of time when Pieology is researching activity on the account for any reason. It is a type of deactivation. Cancellation means a termination of Member’s participation in the Program and a deletion of his/her account.

Inactivity. Deleting the App from your device or not signing into the App will not delete your account or opt you out of the Program. Points will continue to expire in accordance with these Program Terms. Pieology considers accounts inactive after 365 days of non-use (“Inactive Accounts”). Pieology may, in its sole discretion, deactivate or permanently cancel and delete Inactive Accounts. See below for what happens to member’s points, rewards, and other program benefits upon deactivation or cancellation.

Deactivation. If you wish to prevent (i) your account from becoming an Inactive Account subject to possible deactivation by Pieology or (ii) your points from expiring during a period of nonuse, you must deactivate your account by contacting us at privacy@pieology.com You may deactivate your account for a period not to exceed 1 year. During a period of account deactivation by either Member or Pieology (including Pieology suspension of an account), Member’s unexpired points or rewards or other Program benefits as of the date of deactivation will remain in the account. At the end of any Member requested period of deactivation, the time for your points or rewards or other program benefits to expire will commence again in accordance with Program terms as of the end of the period of deactivation. Any previous period of activity before deactivation will also count towards each point’s or reward’s or other program benefit’s expiration date.  As to any account placed on suspension or deactivation by Pieology, Pieology reserves the right, in its sole discretion, to decide when and if to remove the suspension or deactivation and  to reactivate the Member account and/or whether any Member’s points, rewards, or other Program benefits will remain in effect upon such removal.

Member Reactivation. If you choose to reactivate your account, you may do so by emailing privacy@pieology.com with the email address your account was created under and requesting reactivation in addition to providing your contact information including name and phone number. Upon reactivation, any unexpired accrued points or rewards or other Program benefits will be available for redemption or to earn credit towards redemption, but only in accordance with the Program Terms in effect at the time of reactivation.

Cancellation. Member may also permanently delete and cancel his/her participation in the Program at any time  and for any reason by contacting us at privacy@pieology.com. If Member cancels his/her account  or if Pieology chooses to cancel an Inactive Account or suspended account, the member’s account will be deleted and any unredeemed points, rewards, or other member benefits will be forfeited automatically and immediately. Upon cancellation, points will no longer be available for redemption.

Re-Enrollment. If a Member re-enrolls at any time, Member will start with a brand new balance of zero points or rewards, unless there is any welcome point(s) or reward in effect at the time of re-enrollment.

PROGRAM CHANGES AND TERMINATION

Pieology reserves the right, in its sole discretion, at any time and without notice to Members i) to change Program benefits or adjust the way points or rewards are awarded, received, calculated, or redeemed, including point value or expiration dates for rewards or points; ii) to make modifications to, or terminate, discontinue, or cancel the Program, or merge it with a new or different loyalty program. Any changes or modifications become effectively immediately upon posting revisions to the App or relevant systems necessary to administer the Program, including but not limited to Pieology’s website, online ordering system, and other relevant systems. You waive any right you have to any notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and Conditions and such changes or modifications.

You should review these Terms and Conditions and any applicable FAQs or other guidelines frequently to understand the terms that apply to the Program at any given term. If you do not agree to the Terms and Conditions as they may continue to be amended, you must stop participating in the Program.

Pieology may, in its sole discretion, deactivate, suspend, cancel, or combine Member accounts that appear duplicative. Pieology may, in its sole discretion, suspend deactivate or cancel a Member’s account and membership in the Program if Pieology determines, in its sole discretion, that a Member has violated the Program’s Terms and Conditions, misused or abused the Program, or acted fraudulently or in violation of the law in any way, acted in a manner contrary to Pieology’s interests. In case of Pieology’s cancellation of a Member’s account for any reason, including it being an Inactive Account,  the affected Member(s) earned points and issued Rewards and any other Program benefits will be forfeited automatically. In the case of Pieology’s termination of the Program as a whole, Pieology may, in its sole discretion, allow you to redeem any outstanding valid and unexpired points or rewards or other Program benefits at participating locations. Any unredeemed or unexpired points or rewards or other Program benefits shall be cancelled at the later of either the expiration of the then-current rewards or sixty (60) days after program termination.

Pieology shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and Conditions, and any decision it makes relating to suspension, deactivation, or termination of any membership (including but not limited to cancellation of points or rewards or offers) or the Program as a whole shall be final and binding. Should you object to any of these Terms, subsequent changes or modifications to the Terms, or become dissatisfied with the Program or any of Pieology’s decisions about the Program, your sole remedy is to discontinue participation in the Program through appropriate termination of your Member account.

DISPUTE RESOLUTION – BINDING ARBITRATION

Limitation of Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Informal Resolution.  In the event of any dispute, controversy or claim arising out of or relating to these Terms or the PROGRAM (“Dispute”), you agree that before taking any formal action, you will contact us at m (“Notice Address”), provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account) and allow 60 days to pass, during which we will attempt to reach an amicable resolution of any issue.

Arbitration.  If we cannot reach resolution, you consent to arbitrate your Dispute, before a single arbitrator under the then current rules and fees of the American Arbitration Association including the AAA’s Consumer Arbitration Rules (as applicable) and as modified by these Terms of Use (or another alternative dispute resolution provider, chosen mutually by you and Pieology). The AAA Rules are available online at www.adr.org. or by contacting us at the Notice Address.  At your option, arbitration hearings may be held by telephone, by written documents, or in-person at a mutually-agreeable location or the county of your residence in the United States of America.

The arbitration will be conducted in English, and be confidential. You and we agree that (a) these Terms of Use or your use of Pieology Services or participation in this Program evidence a transaction in interstate commerce; and (b) that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not governed by state law. Judgment on any arbitration award may be entered in any court having proper jurisdiction. This Dispute Resolution section shall survive termination of these terms of use.

Governing Law. Any dispute arising from these Terms of Use or your access to or participation in the Program will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Orange County, California.

Arbitrator Authority. The arbitrator shall interpret and determine the validity of the arbitration provision, including unconscionability. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any relief ordered cannot and shall not affect other users of the Program.

Exceptions.  There are only two exceptions to this arbitration agreement: 1) Either of us may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; and 2) if a party reasonably believes that the other party has threatened to infringe the intellectual property rights of the other party, the owner of the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

Opt-Out.  If you are a new visitor to our Site/Application or participant in the Program, you may reject the agreement to arbitrate provision pursuant to the Opt-Out Procedure below. The opt-out notice must be received with verifiable Account information (a) no later than thirty (30) days after the date you accept these Terms of Use or access the Program for the first time; or (b) if you are not a new visitor to our Site/Application, thirty (30) days after the posting of new Terms of Use (collectively the “Opt-Out Deadline”). If you opt out of the agreement to arbitrate, all other parts of this agreement and its Disputes Resolution Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Costs of Arbitration. Fees for filing, AAA administration, and arbitrator’s fees are set forth in the Consumer Arbitration Rules, as may be amended from time to time. Pieology will reimburse you for your filing fee ($200 as of the date of the last update of these Terms of Use) for claims you file totaling less than $1,000.  Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. Regardless of the amount in controversy, Pieology will not request its attorney’s fees, filing fees, AAA administration and arbitrator’s fees (collectively the “Costs”) unless the arbitrator finds that your claims are frivolous or brought for an improper purpose. In such case, Pieology will not reimburse you for your filing fee and may seek Pieology’s Costs.

Changes. Notwithstanding any provision in this Agreement to the contrary, we agree that if Pieology makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a Service, you may reject any such change and require Pieology to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises.