Upper Crust Rewards Program Terms & Conditions
These Upper Crust Rewards Program Terms and Conditions (“Rewards Terms”) govern your access to, and participation in, the Upper Crust Rewards Program (the “Rewards Program” or “Upper Crust Rewards Program”), which is operated by BlackJack Pizza and its affiliates and franchisees (collectively, “Askar”, “we”, or “us”) in the United States of America.
We created the Upper Crust Rewards Program in order to express our appreciation to our customers who patronize our family of restaurants. As described below, if you enroll in the Upper Curst Rewards Program, you will be able to earn “Points” when you make purchases at: (a) participating “BlackJack Pizza”, Breadeaux Pisa”, “Papa Romano’s”, or “Papa’s Pizza To-Go” locations (each, a “Restaurant”); (b) through the “BlackJack Pizza”, Breadeaux Pisa”, “Papa Romano’s”, or “Papa’s Pizza To-Go” websites (each, a “Website”); or (c) through the “BlackJack Pizza”, Breadeaux Pisa”, “Papa Romano’s”, or “Papa’s Pizza To-Go”mobile applications (each, a “Mobile Application”) (each such purchase, a “Qualifying Purchase”). These Points can be used to redeem certain Upper Crust Rewards benefits (such as free or discounted food items) from participating Restaurants.
The Rewards Program is offered at our sole discretion. Therefore, we reserve the right, at any time, to: (a) modify, suspend, or terminate the Rewards Program; and/or (b) modify any part of these Rewards Terms, or any Rewards Programs FAQs, rules, or guidelines, with or without notice to you. If we change these Rewards Terms, the most-current version of these Rewards Terms will supersede all previous versions. If you continue to access or participate in the Rewards Program after changes have been made, that will constitute your acceptance of any new or amended Rewards Terms.
These Rewards Terms are intended to supplement the Terms and Conditions for the BlackJack Pizza Online Platform found at https://blackjackpizza.com/LegalTerms.html (the “Platform Terms”). Accordingly, the Platform Terms are incorporated by reference into these Rewards Terms as if they were printed here, in full.
THESE TERMS ESTABLISH AN ONGOING LEGAL CONTRACT BETWEEN YOU AND ASKAR. BY ACCESSING OR PARTICIPATING IN THE REWARDS PROGRAM YOU ACCEPT AND AGREE TO BE BOUND BY THESE REWARDS TERMS. IF YOU DO NOT AGREE TO THESE REWARDS TERMS, YOU SHOULD NOT ACCESS OR PARTICIPATE IN THE REWARDS PROGRAM.
THESE REWARDS TERMS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.
In order to access or participate in the Rewards Program, you must be a United States resident (or a resident of a U.S. Territory) who is at least 13 years of age. The Rewards Program is not intended for use by anyone under the age of 13. By accessing or participating in the Rewards Program, you represent that you are at least 13 years of age. Anyone between age thirteen (13) and eighteen (18) may only access or participate in the Rewards Program under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND PARTICIPATION IN THE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS.
Further, you may only use the Rewards Program for personal use. You may not use the Rewards Program for any commercial use (such as purchasing items for resale).
The Upper Crust Rewards Program will only be available for as long as we determine to make it available. We reserve the right to modify, suspend, or terminate the Rewards Program at any time, whether or not we give notice to you.
Further, the Upper Crust Rewards Program is only available for orders you place at Participating Restaurants (as defined below), through the Websites, and/or through the Mobile Applications. At this time, not all Restaurants are able offer Points or Rewards. A list of currently participating Restaurants can be found here: http://askarbrands.com/askarbrands.html (each, a “Participating Restaurant”).
How to Enroll in the Upper Crust Rewards Program
There are several ways that you can enroll in the Upper Crust Rewards Program. You can enroll by:
- Visiting One of Our Brand’s Websites. Go to the “BlackJack Pizza”, Breadeaux Pisa”, “Papa Romano’s”, or “Papa’s Pizza To-Go” Website and click on the Upper Crust Rewards Program link. Follow the prompts to create and register an Upper Crust Rewards Program account (“Rewards Account”).
- Downloading One of Our Brand’s Apps. Download the “BlackJack Pizza”, Breadeaux Pisa”, “Papa Romano’s”, or “Papa’s Pizza To-Go” Mobile Application to your iPhone® or Android™ device.. Follow the prompts to create and register a Rewards Account.
- Registering your Gift Card. If you have a physical or digital “BlackJack Pizza”, Breadeaux Pisa”, “Papa Romano’s”, or “Papa’s Pizza To-Go” gift card (each a “Gift Card”), you can register your Gift Card at askarbrands.com/rewards. Follow the prompts to register your Gift Card and you will be automatically enrolled in our Upper Crust Rewards Program. Unless otherwise stated, the minimum balance to register a Gift Card is Five Dollars ($5). For more information about Gift Cards, please read our Gift Card Policy.
- Participating in a Special Promotion. We and/or our affiliates and business partners may run special promotions from time to time under which you may create and register a Rewards Account. Any special promotions will be subject to their own terms and conditions, which you should read carefully.
- Contacting Us Directly. You can email us at firstname.lastname@example.org for further details.
How to Earn Points and Redeem Rewards
The Upper Crust Rewards Program allows you to earn Points for Qualifying Purchases you make at Participating Restaurants. Depending on the number of Points you accumulate, you can use Points to redeem Rewards (such as free or discounted food items) at Participating Restaurants.
You will earn two (2) Points for every One Dollar ($1) you spend on Qualifying Purchases. If you are an Askar Brands employee or a first responder (with verifiable ID), you will earn three (3) Points for every One Dollar ($1) you spend on Qualifying Purchases.
Note that there are some limitations on your ability to earn Points on Qualifying Purchases. Taxes, tips, donations, fees (including delivery fees), and the value of returned products will be excluded and ineligible for Points accrual. Further, you will not earn Points on the purchase of alcoholic beverages or the purchase or reload of Gift Cards. If you void a Qualifying Purchase, we will deduct the Points you earned from that purchase (which could result in a negative Point balance). Finally, we may award you Points in fractional amounts depending on the value of your Qualifying Purchase.
The Points you earn will generally post to your Upper Crust Rewards Account within 24-48 hours after you made the Qualifying Purchase. You may check the number of Points you’ve accumulated by logging into your Rewards Account or via one the Mobile Applications.
If you use multiple forms of payment in one transaction, such as cash, credit card, or an unregistered Gift Card, the Gift Card that you use will be awarded a prorated number of Points based on the eligible purchase amount that was applied to your registered Gift Card.
“You may use your Points to redeem certain products at Participating Restaurants. Currently, you may redeem your Points as follows:
- 150 Points: If you accumulate 150 Points, you may redeem your Points for one (1) of the following Items:
- At Participating BlackJack Pizza Restaurants: One (1) Medium one-topping pizza.
- At Participating Breadeaux Pizza Restaurants: One (1) Medium one-topping pizza or calzone.
- 250 Points: If you accumulate 250 Points, you may redeem your Points for one (1) of the following Items:
- At Participating BlackJack Pizza Restaurants: One (1) Large one-topping pizza.
- At Participating Breadeaux Pizza Restaurants: One (1) Large one-topping pizza or calzone.”
Additional Terms and Conditions Relating to Points
The Upper Crust Rewards Program is free to join and there is no membership fee associated with participating in the Rewards Program
The Points that you accumulate are promotional and have no cash value whatsoever. You have no ownership interest in the Points you accumulate. You may not sell, transfer, or assign your Points. Any such actions will be void.
We may, in our sole discretion, modify, suspend, or terminate your Upper Crust Rewards Program account, or any part of the Upper Crust Rewards Program, for any reason, with or without notice to you, even if such a change will impact your ability to use previously accumulated points. If we terminate your Upper Crust Rewards Program account or the Upper Crust Rewards Program, your points will be forfeited. We will not owe you any compensation if your previously accumulated points are forfeited.
We reserve the right to audit your Upper Crust Rewards Account to validate the Points you have accumulated. If we, in our sole discretion, determine that you have accumulated Points in error, or in any manner which is otherwise inconsistent with these Reward Terms, we reserve the right to adjust the number of points in your Upper Crust Rewards Account.
If you believe that Points were not properly applied to your account or that there is any other problem with your account, please contact us at email@example.com. While our intent is to insure that customers accumulate the appropriate Points on each Qualifying Purchase, we have no obligation to correct any errors. We will not be liable for any failure to credit Points to your account in a timely manner. Additionally, we cannot be (and will not be) not liable for Points that are lost due to fraudulent, unauthorized, or other unacceptable use.
You agree to defend, indemnify, and hold harmless Askar and its affiliates, and their respective officers, directors, members, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from: (i) your access to and participation in the Upper Crust Rewards Program; and/or (ii) your violation of any portion of these Rewards Terms. This defense and indemnification obligation will survive these Rewards Terms and your access to and participation in the Upper Crust Rewards Program.
YOU AGREE THAT YOUR Participation in the upper crust rewards program is done AT YOUR SOLE RISK.
YOU ALSO AGREE THAT THE rewards program IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND YOU ACKNOWLEDGE THAT WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE rewards program WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, AND/OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND/OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (a) ERRORS, MISTAKES, AND/OR INACCURACIES OF CONTENT; (b) ANY HACKING INTO, UNAUTHORIZED ACCESS OF, OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE rewards program, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR not we are ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT we SHALL NOT BE LIABLE FOR USER CONTENT AND/OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Rewards Program is controlled and offered by Askar and its affiliates from its facilities in the United States of America. Askar makes no representations that the Rewards Program is appropriate or available for use in other locations. Those who access or participate in the Rewards Program from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You may neither assign, sell, nor in any manner transfer your rights nor your obligations under these Rewards Terms. We have the right to assign, sell, and/or transfer any or all of our rights and/or obligations under these Rewards Terms, without restriction.
By accessing and/or participating in the Rewards Program, you agree that: (a) these Rewards Terms will be governed by and construed in accordance with Michigan law (without regard to and without applying Michigan conflicts of laws rules); and (b) you will initiate any claims, lawsuits, and other proceedings regarding these Rewards Terms only in the courts with jurisdiction over Oakland County, Michigan.
You and we waive (to the fullest extent permitted by law) (a) any right to engage in class or common actions; (b) any right to trial by jury; and (c) any right to punitive or exemplary damages.
If you have any questions, please contact us at:
Blackjack Enterprises, LLC
8101 Richardson Road, Suite 101
Commerce Township, Michigan 48390
October 4, 2018
Copyright © 2018 Askar Management Group, LLC All rights reserved.