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Terms and Conditions 

TE REWARDS - TERMS AND CONDITIONS

(LAST UPDATED AUGUST 14, 2023) 

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A TE REWARDS ACCOUNT OR OTHERWISE PARTICIPATING IN A TEMPE EATS LOYALTY OR REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY TEMPE EATS LOYALTY OR REWARDS PROGRAM.

GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the "TE Rewards Terms") apply to any access to and/or participation in the TE Rewards or rewards programs ("TE Rewards") offered by Tempe Eats. Please read Tempe Eats' online Terms of Use located at [https://www.tempeeats.com/about/terms-of-use], which are incorporated herein by this reference, before participating in TE Rewards. In the event there is a direct conflict or inconsistency between these Terms and Conditions and Tempe Eats' online Terms of Use, these TE Rewards Terms will prevail, govern, and control with respect to any aspect of TE Rewards. These TE Rewards Terms do not otherwise alter the terms or conditions of any other agreement you may have with Tempe Eats for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Tempe Eats outside the context of TE Rewards. Information collected in connection with TE Rewards is governed by the Tempe Eats Privacy Policy. Please read the Tempe Eats Privacy Policy at [https://www.tempeeats.com/about us/privacy-policy] carefully to understand how Tempe Eats collects, uses, and discloses information about customers and how to update or change your personal information and/or the ways Tempe Eats communicates with you.

ELIGIBILITY

TE Rewards is open to legal residents of the United States of America who are 13 years of age or older. TE Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. TE Rewards is not intended for use by anyone under the age of 13. If you are between the ages of 13 and 18, you may participate in TE Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these TE Rewards Terms.

HOW TE REWARDS WORKS

Participants in TE Rewards may accumulate loyalty "points" that entitle the participant to TE Rewards benefits or "Rewards," at participating Tempe Eats locations. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts, or coupons unless specifically allowed by the terms of a specific promotion. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at participating Tempe Eats locations. Purchases begin accumulating points upon the first presentation of a digital TE Rewards account at the time of a qualifying purchase.

HOW TO ENROLL

To enroll in TE Rewards and begin accumulating points: (i) participants who have not created an account through the website located at [www.tempeeats.com] must first create an account and agree to participate in TE Rewards; and (ii) participants who already have an account can join TE Rewards by following the instructions on the website. Participants are not required to opt-in to receive text messages or marketing communications in order to participate in TE Rewards. Participants who elect to opt-in acknowledge that Tempe Eats or its designee may send them commercial text messages using automated technology. Participants who elect to opt-in consent and agree to that type of contact. Participants can opt out at any time.

Registration may require you to provide your first name, last name, password, email address, mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday.

You may have only one TE Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Tempe Eats in its sole discretion.

ACCUMULATING POINTS

You may accumulate points for any qualifying purchase made on and after your date of enrollment in TE Rewards. To receive credit for a qualifying purchase and accumulate points, you must present your digital TE Rewards account or be logged into your TE Rewards account at the time of payment for a qualifying purchase transaction or use the Tempe Eats mobile ordering app. Points will not be awarded for purchases made prior to your enrollment in TE Rewards. Points will not be awarded for purchases at www.order.tempeeats.com if you order and check out as a guest.  Points will not be awarded for purchases of gift cards or other excluded items.

In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, with Apple Pay or Google Pay, or with a valid Tempe Eats gift card; purchases using other currency or promotional offers (such as redemption of a Reward) will accrue points only for the amounts paid in cash. Qualifying orders must meet a minimum purchase amount in order to accumulate points. Some exclusions apply. Taxes, tips, donations, delivery fees, voids, cancellations, or refunds are excluded from a purchase total when computing qualifying purchases. 

REWARDS

Once your points have been redeemed, they are gone and there are no refunds, returns, or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.

Rewards may be subject to additional terms, conditions, restrictions, or limitations which may be disclosed in conjunction with the opportunity to redeem such Rewards or added to these TE Rewards Terms from time to time. 

TRACKING YOUR ACCOUNT

TE Rewards participants can view and track qualifying purchases and available Rewards by logging into their account on the Tempe Eats website or via the Tempe Eats mobile ordering app. Tempe Eats reserves the right to change the number of points required to earn Rewards and/or the benefits associated with Rewards in its sole discretion at any time. Points, Rewards, account status, and other benefits accumulated under the TE Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used for any other purpose. 

Rewards points expire after six months of account inactivity (i.e. no qualifying purchases), unless sooner terminated as a result of an account being deactivated as provided herein.

CHANGES TO TE REWARDS

Tempe Eats reserves the right to change, update, and/or discontinue, in whole or in part, TE Rewards or any portion of the program, all or any portion of these TE Rewards Terms, and/or any policy, guidelines, or disclosures pertaining to TE Rewards, at any time in its sole discretion and without advance notice. If you continue to participate in TE Rewards after a change to these TE Rewards Terms, you will be deemed to have read, understood, and agreed to such changes.

Tempe Eats determination of participant eligibility or any questions or disputes arising under the TE Rewards program, these TE Rewards Terms or any other TE Rewards special offers or program rules or restrictions shall be final and binding and not subject to challenge or appeal. 

Without notice to you, Tempe Eats reserves the right to suspend and/or terminate any TE Rewards account and/or your participation in TE Rewards in its sole discretion. In the event that your participation in TE Rewards is terminated, then all accumulated points and Rewards in your account are void.

LIMITATIONS ON LIABILITY/INCONTESTABILITY

 

UNDER NO CIRCUMSTANCES SHALL TEMPE EATS LLC, ITS AFFILIATED ENTITIES, ITS SOFTWARE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS (ALL SUCH INDIVIDUALS AND ENTITIES COLLECTIVELY REFERRED TO HEREIN AS “TEMPE EATS”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE TE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE TE REWARDS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A TE REWARDS PARTICIPANT PROVES THAT TEMPE EATS HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE TE REWARDS PROGRAM, EACH TE REWARDS PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE TE REWARDS PROGRAM MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.

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