Terms and Conditions

(Effective January 27th, 2015)
By using and registering your Elephant Bar Rewards Program (“Rewards Program”) rewards card (“Card”) and to access and use the Rewards Program website (“Site”), you must agree to these Terms and Conditions, including agreeing to the arbitration clause set forth in Section 16, as follows:

 

Eligibility:

The Rewards Program is only available to legal residents of the United States and the District of Columbia who are 18 years of age or older when they enroll in the Rewards Program (“Member”). Only one (1) account is allowed per Member and a maximum of four (4) accounts are allowed per household. Elephant Bar employees are not eligible to participate in the Rewards Program. Friends and family members of Elephant Bar employees are eligible to participate, but cannot use the Rewards Program in conjunction with an employee discount.
Enrollment: In order to enroll as a Member of the Rewards Program, you must provide Elephant Bar with your name, email address, a password, phone number, gender, date of birth and favorite Elephant Bar location.

 

Earning Rewards:

Members earn Rewards by making “Qualifying Visits” to Elephant Bar restaurants. Each Qualifying Visit earns the Member one (1) Rewards “Stamp” for every $15 spent. A “Qualifying Visit” is a purchase at a participating Elephant Bar restaurant and making a purchase that totals $15 or more on food or non-alcoholic beverages (excluding alcoholic beverages, taxes, gratuities and gift card purchases). Elephant Bar in its sole discretion may also award Members additional “Special Rewards,” e.g., free food, discounts, etc.
Hurdle Rate: For every three (3) Stamps, a Member will automatically earn 5 Reward Dollars (the “Hurdle Rate”). On the same day as the third Qualifying Visit, the 5 Reward Dollars will be loaded onto the Card. The Hurdle Rate is subject to change in Elephant Bar’s sole discretion, and any change will be reflected in the updated Terms and Conditions, as contemplated herein. Member is responsible for periodically reviewing the Terms and Conditions for changes to the Terms and Conditions.

 

Redemption:

Reward Dollars and Special Rewards may be redeemed for food and beverages (excluding alcoholic beverages) sold at Elephant Bar restaurants. Reward Dollars may not be redeemed for purchases of gift cards or cash, and may not be used to pay taxes, gratuity or delivery charges. Special Rewards may be redeemed as contemplated by the Special Reward but in no event may they be redeemed for purchases of gift cards or cash, and may not be used to pay taxes, gratuity or delivery charges. Members may redeem multiple Reward Dollars for a single purchase, and may redeem multiple Special Rewards in a single visit. Reward Dollars earned during a Qualifying Visit may not be redeemed during the same Qualifying Visit. Rewards cannot be redeemed when a coupon, Senior Explorer or Safari VIP card is used on the same visit.

 

Expiration:

Reward Dollars expire ninety (90) days after they are earned. Special Rewards will expire as indicated on the email sent to the email address provided by you when you register your Card. The Special Rewards may expire in less than ninety (90) days.
Maximum Redemption: A maximum of 250 Reward Dollars may be redeemed in a one month period.
Sweepstakes, Contests and Other Promotions: The Rewards Program may offer sweepstakes, contests or other promotions that will have their own rules and their own terms and conditions. Members will be required to read those rules and terms and conditions, and to agree and accept to be bound by them in order to participate in the sweepstakes, contest or promotion.

 

Lost Rewards Card:

Report a lost Card to Elephant Bar by clicking here. Elephant Bar will not be responsible for the unauthorized use of your Card or redemption of your Reward Dollars and/or Special Rewards.

 

Account Closure:

A Member’s Card account will be closed after twelve (12) months of no activity.

 

Suspension/Termination of Membership:

Elephant Bar reserves the right in its sole discretion to suspend a Member’s membership in the Rewards Program in the event of any suspected misconduct, including but not limited to suspending the Member’s ability to earn Reward Dollars and Special Rewards and to redeem earned Reward Dollars and/or Special Rewards earned in connection with his/her membership in the Rewards Program. If Elephant Bar concludes in its sole discretion that the Member has engaged in misconduct or that his/her account has been compromised, it may terminate the Member’s membership, including but not limited to terminating the Member’s ability to earn Reward Dollars and Special Rewards and to redeem earned Reward Dollars and/or Special Rewards earned in connection with his/her membership in the Rewards Program.

 

Modification of Terms and Conditions:

Elephant Bar reserves the right in its sole discretion to modify at any time these Terms and Conditions. Any such changes are effective immediately and the Member’s continued enrollment in the Rewards Program and/or use of the Site confirms that the Member accepts the changes and agree to be bound by them.
Termination of Rewards Program. Elephant Bar reserves the right in its sole discretion to terminate the Rewards Program. If the Rewards Program is terminated, Members will no longer earn 5 Reward Dollars or Special Rewards. Any 5 Reward Dollars or Special Rewards will expire as indicated herein or as otherwise stated on the email confirming the Special Reward.

 

Ownership of Site Content:

All of the contents of this Site are owned and copyrighted by Elephant Bar and are protected as intellectual or proprietary property. Use of any of the Site content without prior consent by Elephant Bar is strictly prohibited.

 

Limitation of Liability and Disclaimer:

Members use the Site at their own risk. Elephant Bar is not liable for any direct, indirect, special or other damages or losses that may result from the Member accessing this Site or using information, services or merchandise provided through Elephant Bar. This Site and the information included on the Site are provided by Elephant Bar “as is” without any warranty of any kind either expressed or implied. Elephant Bar is not responsible for interrupted or unavailable network server or other connections, miscommunications, computer transmissions or jumbled, scrambled or misdirected transmissions, or for electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Rewards Program. Elephant Bar’s liability for 5 Reward Dollars or any other reward containing printing or other errors, if any liability exists, is limited to replacement with other Rewards, while supplies last.

 

Disputes to Be Resolved Through Arbitration:

Except where prohibited by law, by registering or using the Card, you agree that any action arising out of or relating in any way to the Card shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association ( the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held at a location in the state in which you live. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other terms and conditions governing the Card, including those on the front and back of the Card. The arbitrator shall not have the power to award punitive damages against Elephant Bar or anyone else. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only your individual claims, and the arbitrator may not consolidate or join the claims of other persons who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. You also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (c) under no circumstances will you be permitted, and you hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this provision shall also be resolved by an arbitrator of the Forum. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Release:

Member hereby releases and agrees to indemnify and hold harmless Elephant Bar from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to the Member’s participation in the Rewards Program, or the receipt, use or misuse, of Rewards or any other reward.
Links to Third Party Websites: The Site may contain links to other websites. Elephant Bar does not have any control over these other websites and it is not responsible for their content or security. If a Member clicks on a link to an outside website, he/she does so at his/her own risk and is subject to the privacy policy, and terms and conditions of that website.

 

Privacy:

Any information that a Member provides to Elephant Bar will be treated in accordance with Elephant Bar’s Privacy Policy located at www.elephantbar.com/privacy.
Choice of Law: These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of Texas.

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