- eliminate your right to a trial by jury; and
- substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
CHANGES TO TERMS
ABOUT CHEESECAKE REWARDS
Cheesecake Rewards is our way of saying “Thank You” to our loyal guests by offering exclusive offers, benefits and discounts to Cheesecake Rewards members.
BECOMING A MEMBER OF CHEESECAKE REWARDS
To become a member of Cheesecake Rewards (“Member”), go to www.cheesecakerewards.com and follow the prompts to create an account. You will be required to provide the following information: First and last name; valid email address; 10-digit cell phone number (from the United States); birthday and password.
By becoming a Member, you approve receiving email marketing communications from The Cheesecake Factory. You may elect to no longer receive such communications at any time by clicking the “Unsubscribe” link provided in all email communications. Unsubscribing from email communications will not affect your status as a Member; however, you may miss out on special offers and/or promotions that are communicated or sent through email. Please note that We reserve the right to send you certain communications relating to your account or use of Cheesecake Rewards, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
HOW IT WORKS
As a Member, you will receive the following benefits (together, the “Benefits”):
- One (1) Birthday Slice (described below) issued annually about or on your birthday
- Exclusive offers and discounts that we may make available to Members in our discretion from time to time
- The ability to make dining reservations at participating The Cheesecake Factory restaurants.
Birthday Slice and offer/discount rewards will be delivered via email notification and/or loading into your online Member account as further detailed below. Please read the terms and conditions accompanying any reward as such terms and conditions are hereby incorporated into and made a part of these Terms and Conditions.
BIRTHDAY SLICE OFFER TERMS. All Members will receive a reward on each of their birthdays, which is redeemable at a Participating Restaurant for one (1) free slice of cheesecake or layer cake (“Birthday Slice”). An email will be sent to all Members who have opted into email fourteen (14) days prior to each member’s birthday confirming that the Birthday Slice has been loaded to their account (for Members who enroll within fourteen (14) days of their birthday, this email will be sent on their birthday). You must become a Member at least twenty-four (24) hours prior to your birthday in order to receive a Birthday Slice on your first birthday after becoming a Member.
Birthday Slice reward expires thirty (30) days after issuance (“Birthday Slice Redemption Period”). Only one Birthday Slice reward may be redeemed per guest per visit, subject to availability. Must be present to redeem. One time use only. For dine-in, please notify your server that you are redeeming the Birthday Slice reward before payment and provide the phone number associated with your Member account. For pickup orders, please notify us at time of order that you would like to redeem your Birthday Slice reward and provide the phone number associated with your Member account. For online pickup orders, please log into your account, select your Birthday Slice reward and apply it to your order on the cart page. Not valid on delivery orders (unless otherwise specified in the terms and conditions accompanying a reward).
OTHER OFFER AND DISCOUNT TERMS. We may make exclusive offers and discounts available to Members in our discretion from time to time (“Special Offers”). Special Offers will be distributed by email, and also will be posted in your Member account at www.cheesecakerewards.com. You must opt in to receive promotional and marketing emails from The Cheesecake Factory relating to Special Offers and you may be required to provide additional information, such as, without limitation, a valid email, telephone number and/or physical address. Special Offers may be customized based on your purchase behaviors and preferences. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods, may be limited by availability and can be changed at any time. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.
MAKING DINING RESERVATIONS. Subject to availability, you may make dining reservations at Participating Restaurants through your account dashboard. Availability is limited. Reservations are not available on Valentine’s Day or Mother’s Day. We may suspend or terminate the availability of reservations at any/all Participating Restaurant(s) in our discretion without notice.
Benefits may only be redeemed at Participating Restaurants. “Participating Restaurants” means all The Cheesecake Factory restaurants in the United States (including Puerto Rico). Some Benefits may be limited to certain Participating Restaurants.
There are no participation or membership fees associated with Cheesecake Rewards. Benefits accrued in connection with Cheesecake Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Benefits under Cheesecake Rewards cannot be combined with any other offers or discounts, or exchanged for any offers or discounts, unless otherwise expressly indicated by The Cheesecake Factory.
Your Cheesecake Rewards account and Benefits rewarded under your account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Cheesecake Rewards account that is personal to you.
Without notice to you, We also reserves the right to "unregister" and make ineligible any Cheesecake Rewards account where there has not been transaction activity for two (2) consecutive years. Transaction activity is defined as either (i) identifying yourself as a Member when dining at or ordering takeout from a Participating Restaurant or (ii) redeeming or using any Cheesecake Rewards award, benefit or discount. In the event that your Cheesecake Rewards account is unregistered or rendered inactive, all accrued Benefits in your account are void.
We reserve the right to change, modify, discontinue or cancel Cheesecake Rewards or any part of the Cheesecake Rewards program, at any time and in our sole discretion, without notice to you.
To cancel your Membership, Contact Us. If you cancel your Membership, you will forfeit all Benefits accrued in your Cheesecake Rewards account.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://www.thecheesecakefactory.com/connect/questions#contact-form-wrap to allow us an opportunity to resolve the dispute (“Dispute Notice”). You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Costs of Arbitration. In an arbitration, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees (collectively, “AAA-related fees”), or $200.00 of such fees, whichever is less, and We shall pay the remainder of such fees. If the law allows for an award of attorney’s fees, expert witness fees, or costs incurred by you should you prevail in arbitration, an arbitrator may award them too. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award Us our attorney’s fees, expert witness fees, AAA-related fees and/or costs.
Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer doesn’t accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration or small claims court, either party may seek relief in a court of law (other than small claims court) for a claim arising under California’s Private Attorneys General Act.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out with subject heading “Arbitration Opt-Out” to the following email: [email protected]. The notice must be sent within thirty (30) days of your initial enrollment as a Member in Cheesecake Rewards, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Arbitration Section. If you opt-out of these arbitration provisions, we also will not be bound by them.