Cheesecake Rewards™ Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN CHEESECAKE REWARDS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN CHEESECAKE REWARDS.
These Terms of Use include an arbitration provision that governs any disputes between you and The Cheesecake Factory. Unless you opt out as provided below, this provision will:
- 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.
Subject to the “Changes to Terms” section below, we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to Cheesecake Rewards, by electronic means, including posting such information and materials online at https://www.thecheesecakefactory.com/rewards-terms-and-conditions.
ADDITIONAL TERMS
These Terms of Use apply to your access to, and participation in, The Cheesecake Factory Rewards Program (“Cheesecake Rewards”) in the United States, which is operated by The Cheesecake Factory Incorporated or its affiliated companies (collectively, "The Cheesecake Factory," “We,” “Us” or “Our”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with The Cheesecake Factory for other products or services.
CHANGES TO TERMS
The Cheesecake Factory may modify these Terms of Use or any policy, FAQ, or guideline pertaining to Cheesecake Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting to https://www.thecheesecakefactory.com/rewards-terms-and-conditions so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Cheesecake Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you should stop accessing and participating in Cheesecake Rewards. Notwithstanding the foregoing, in the event of any change to the Arbitration provisions below that would materially alter your rights, we will provide notice at least 30 days in advance of such change, including in our discretion via email to any email address we have for your account, and your continued participation in Cheesecake Rewards after the effective date shall constitute your acceptance of the revised terms.
PERSONAL USE
Cheesecake Rewards is designed for use by residents of the United States, and intended for personal use only. Commercial use is prohibited. Cheesecake Rewards is not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may access and participate in Cheesecake Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in Cheesecake Rewards. Please read the Privacy Policy carefully to understand how The Cheesecake Factory collects, uses and discloses information about our guests, how to update or change your personal information, and how we communicate with you.
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.
The Cheesecake Factory is not responsible for how or by whom your Member account is used. You are responsible to control such use. In the event your account is stolen or hacked by others, it is your responsibility to inform us, and the account will go under investigation to determine what remedy, if any, may be available. You are not entitled to any remedy under these Terms of Use. You also are responsible to keep your contact and other information current and accurate. We are not responsible for communications failures or other problems caused by out-of-date or inaccurate information furnished by a Member.
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 certain 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 any or all 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, and may not be made available to all Members. 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.
ADDITIONAL TERMS
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 may suspend/terminate your Cheesecake Rewards account and any Benefits awarded to you and/or your participation in Cheesecake Rewards if We determine, in our sole discretion, that you have violated these Terms of Use or that the use of your Cheesecake Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. We may, in our sole discretion, suspend, cancel or combine Cheesecake Rewards accounts that appear to be duplicative. If we terminate your participation in Cheesecake Rewards, all accrued benefits in your account are void.
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
Please read this section carefully. To the extent allowed by applicable law, and subject to the limited exceptions described below, this section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your participation in Cheesecake Rewards, or your relationship with Us. Except as otherwise provided below, any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Cheesecake Rewards, or your relationship with The Cheesecake Factory or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.
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.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with (i) for US residents: the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law; (ii) for Canadian residents: the Arbitration Act (Ontario). Any arbitration will be held in a reasonably convenient location in the state/province in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
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.
Small Claims Court Remains Available. Notwithstanding anything in these Terms of Use to the contrary, for disputes within the jurisdictional limit of the small claims court in (i) the county encompassing the dispute for U.S. residents or (ii) the City of Toronto for Canadian residents, either you or We can choose to bring an individual action in small claims court instead of proceeding in arbitration; furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or We may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party and AAA of that choice in writing. You and we agree that, after receiving notice from you or Us that the claims shall be decided by a small claims court rather than in arbitration, AAA shall administratively close the case. Any disagreements regarding the jurisdiction of the small claims court or the interpretation or application of the provisions of this Section 17.4 specifically shall be decided by a court rather than an arbitrator; pending resolution of any such disagreements by a court, you and We agree that the arbitration shall be stayed. If the provisions in this paragraph are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
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.
Exception – Mass Arbitration. Notwithstanding anything in these Terms of Use to the contrary, if We receive 30 or more Dispute Notices related to the same or similar subject matter and sharing common issues of law or fact, and counsel for the individuals submitting the Dispute Notices are the same or coordinated, then if the disputes proceed in arbitration, they shall proceed in a coordinated manner, as follows: (a) counsel for the claimants and counsel for Us shall each select five (5) cases to proceed in arbitration on an individual basis in a series of “bellwether” proceedings; (b) the remaining cases shall be stayed and/or held in abeyance until the first ten (10) have been fully and finally resolved; (c) if the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) “bellwether” proceedings, then each side may select another five (5) cases (or such fewer number as remain unresolved) to proceed in arbitration on an individual basis, with the remaining cases, if any, stayed and/or held in abeyance; and (d) this process shall continue until the parties are able to resolve all of the claims. If the provisions of this paragraph are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
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.
Waiver of Class Action, Class Arbitration, and Jury Trial. You and We each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and We agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of the Arbitration Section of these Terms of Use cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies. Notwithstanding anything in these Terms of Use to the contrary, all disputes related to the enforceability and applicability of the waivers in this paragraph specifically shall be resolved by a court and not an arbitrator.
GOVERNING LAW
To the extent allowed by applicable law: (a) Any dispute arising from these Terms of Use or your access to or participation in Cheesecake Rewards will be governed by and construed and enforced in accordance with the laws of California (or Ontario for Canadian residents), without regard to conflict of law rules or principles; (b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability; and (c) 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 Los Angeles, California.
SEVERABILITY
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
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