About the program
The Senior Loyalty program (the “Program”) allows you to earn credit for every qualified adult buffet meal you purchase at participating Chuck-A-Rama locations, and to redeem credit for rewards (collectively, “Rewards”), as provided in these “Terms and Conditions.” Please read these Terms and Conditions carefully. By enrolling in the Program, you agree to these Terms and Conditions, as they may be modified from time to time in our sole discretion without prior notice. This Program is void where prohibited by federal, state, or local law, and Rewards may be restricted by federal, state, or local law.
Definitions
• "Administrator” means any company or persons we engage with to provide administrative services for the Program. The Program is a service of Mountain West Brands and its subsidiary Chuck-A-Rama which is managed by Administrators who are solely responsible for the administrative services for the Program.
• “Member” means the person identified in our records as the holder (or owner) of the Rewards Account.
• “Program Website” refers to www.chuck-a-rama.com
• “Mountain West Brands (MWB),” “we,” “our,” “ours,” and “us” refer to Chuck-A-Rama and all of its affiliates and subsidiaries, or their assignees.
• “Qualified Purchase” means the purchase of any adult buffet meal. Gift card purchases, delivery fees, third-party orders including catering or other third-party orders, discounts, taxes, and tip are excluded.
• “Rewards” means credit earned that accumulates to certain redeemable rewards that can be used for free meals at participating locations.
• “Rewards Account” refers to the record of the points and other offers you have earned and redeemed through the Program.
• "Suppliers” mean any independent third party that we or the Administrator engages to provide services, Rewards, or other benefits for the Program.
• “You” and “your” refer to any person or entity participating in the Program.
Program Eligibility
To be eligible to create a Rewards Account, participate in the Program, earn credit, and redeem Rewards, you must be at least 60 years of age and have a valid email address. A Rewards Account is unique to the individual Member holding the account and may only be associated with ONE single email address. The same email address may not be associated with more than one Rewards Account. The Member must be present to earn Rewards for the transaction. In addition to the rights set forth below, at our sole discretion and without the necessity of notice to you, Rewards Accounts created in violation of these requirements are subject to suspension until such accounts are brought into compliance by the Member, and/or such accounts and associated Rewards may be modified by MWB to bring such Rewards Accounts into compliance.
Participating Locations
Program Members may earn and redeem rewards at participating Chuck-A-Rama locations in Utah and Idaho. Locations and participation is subject to change at any time without notice.
Enrollment
If you are at least 60 ears of age, you may participate in the Program by obtaining a Rewards card at any participating Chuck-A-Rama location in Utah or Idaho. To register your card, visit chuck-a-rama.com/loyalty and follow the instructions. Each Member will have access to a personal Rewards Account page during the course of their membership. You may access your Rewards Account by visiting chuck-a-rama.com/loyalty and signing into your account. It is your sole responsibility to safeguard any passwords associated with your Rewards Account and to make sure that your contact information in your Rewards Account remains current and complete. MWB and Chuck-A-Rama will not be held responsible for the accuracy of a Member’s Rewards Account contact information. Once you have successfully enrolled in the Program, you may begin earning Rewards.
Earning Rewards
This Program allows you to earn Rewards based on the number of Qualified Purchases at any participating location, as described below:
• You will receive credit for each adult buffet meal purchased during a single visit. This includes adult and senior buffets, and military discounts. Members are limited to a maximum of two (2) qualifying visits per calendar day at least thirty (30) minutes apart. For in restaurant visits, you must identify yourself as a Member to the cashier for your points to be credited to your Reward Account. Online orders and those from third-party companies are not eligible for earning rewards.
• For every ten (10) adult buffet meals purchased, you will receive one (1) free senior buffet meal free.
• Rewards will expire twelve (12) months or three-hundred-sixty-five (365) days after issuance. Each time a Member accrues ten (10) credits during the 365-day period, their credits will automatically convert to one (1) free senior buffet meal reward.
Members may earn only those Rewards as described above and Rewards may change at any time at our sole discretion. From time to time, we may send you electronic updates of current Rewards.
Redeeming Rewards
Members may redeem Rewards by visiting a participating restaurant location, identifying themselves as a Member to the cashier, and asking for the cashier to apply the Reward to their order. You can redeem a Reward only if your Rewards Account shows that you have an active Reward in your account. When you redeem a Reward, we will subtract the Reward from your total accumulated balance as shown on your Rewards Account. Rewards that have not yet been credited to your Rewards Account are not available and cannot be redeemed until such time as they have been credited to your account.
Rewards will expire ninety (90) days after issuance. Only one Reward may be used per visit. Rewards may not be applied toward the purchase of gift cards, taxes, or tip. Rewards may not be combined with any other coupon, offer, or discount. Orders from third-party companies are not eligible for redeeming Rewards. Third-party companies may not use Rewards for their personal benefit and cannot pass along Rewards to their customers.
All Rewards are subject to availability, have no cash value, are non-transferable, and cannot be purchased or sold for cash. Additional restrictions may apply. MWB and the Administrator may alter, substitute, withdraw, change, discontinue, temporarily suspend, terminate, or replace any Reward for any reason at any time without notice to you. Neither the Administrator, Suppliers, nor MWB guarantees or represents that any specific Reward will be available for any particular length of time. Neither the Administrator, Suppliers, nor MWB will be responsible for errors, omissions, or delays in the handling or delivery of Rewards.
Rewards Account
Rewards will be credited to your Rewards Account within 24-48 hours from the time they are earned. Your Rewards Account will show accumulated totals for Rewards earned, adjusted, and redeemed, and your current Rewards balance. You may access your Rewards Account by logging in at chuck-a-rama.com/loyalty.
You must report any errors in your Rewards Account that are related to Rewards earned, adjusted or redeemed within thirty (30) days after the date the error appears on the account. We have no obligation to correct any errors reported after this 30-day period and any such corrections will be made at our sole discretion. To receive credit for a visit, an itemized receipt or credit card payment receipt that contains the date of the visit, the total amount spent, and the specific location where the Reward was earned, must be submitted. A Member can submit the request by visiting chuck-a-rama.com and clicking Add Missing Points. In order to receive credit, you must be a registered Member at the time of the visit. We will not be liable for any damages resulting from any failure to credit Rewards to your Rewards Account in a timely manner.
Tax Liability and Fees
You will be responsible for any federal, state, or local taxes resulting from your earning or redeeming Rewards.
Program Changes and Termination
The Program is offered at the sole discretion of MWB. We reserve the right, in our sole discretion and at any time: (a) to terminate or suspend the Program, in whole or in part; and (b) to add, delete, or otherwise change any of the Terms and Conditions, including changes to fees and charges, changes to the activities by which Rewards may be earned, and changes that may reduce or cancel the redemption value of Rewards credited but not yet redeemed. If we change the Terms and Conditions to provide Rewards for a new activity, no Rewards will be awarded for any activity that occurred prior to the effective date of the change. We may change the Terms and Conditions without prior notice to you, but the current version of the Terms and Conditions will be posted on this Website. By continuing to participate in the Program following any change in the Terms and Conditions, you are accepting the changes to the Terms and Conditions.
In addition, we reserve the right to terminate your participation in the Program and to invalidate all or a portion of your Points or Rewards balance, whether or not credited to your Rewards Account (a) in the event of any abuse or fraud relating to the earning or redemption of Rewards, and/or any violation of the Terms and Conditions (including, but not limited to, any attempt to sell, exchange, encumber or transfer Rewards); or (b) for your failure to meet eligibility requirements. We reserve the right, in our sole discretion, to determine whether termination or disqualification is appropriate. We reserve the right to deny access to your account or account history in the event your account is terminated. These rights are in addition to any other legal or equitable remedy that may be available to MWB under applicable law.
You may terminate your participation in the Program at any time by contacting us at loyalty@chuck-a-rama.com Once you terminate your participation in the Program, all Rewards will be forfeited at that time. A period of extended inactivity on a Rewards Account may result in the termination of such account. In the event we terminate the Program, within the ninety (90) days following this event you may redeem any Rewards that have been credited to your Rewards Account, unless such Rewards have been invalidated as set forth in the preceding paragraph, in accordance with these Terms and Conditions. You will forfeit any Rewards that you do not redeem within this ninety (90) day period.
Rewards Disclaimer
The Administrator and the Suppliers are independent contractors and are not affiliated with MWB. MWB, the Administrator and Suppliers do not warrant the quality, merchantability, or fitness for a particular purpose of any Rewards you procure. MWB, the Administrator, and the Suppliers will not be liable or responsible for any loss, damage or injury to property or person that may arise or result from participating in the Program, redeeming Rewards, or using Rewards or by any cause, condition or event beyond the control of MWB, the Administrator or the Supplier. MWB is not responsible and shall not have any liability for typographical errors and/or omissions in any Program materials. MWB and the Administrator reserve the right to adjust your Rewards Account at any time to correct any incorrect Reward balance, including the right to reverse any Rewards that were credited in error and/or not legitimately earned in accordance with these Terms and Conditions. MWB decisions regarding the interpretation of these Terms and Conditions and the awarding of Rewards shall be at its sole discretion, shall be final and not subject to appeal.
Release
By using the Website, becoming a Member or redeeming a Reward, you hereby agree to release, discharge, and hold harmless MWB and their subsidiaries, Administrator, Suppliers and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from any and all liability for claims resulting from any acts or omissions of the Released Parties in providing or failing to provide services in connection with the Program, and from any cause, condition or event beyond the control of MWB, Administrator or Supplier. You also agree to release, discharge, and hold harmless the Released Parties from all liability for any accident, injury, claims, damages, loss, expense, inconvenience, or damages, arising out of: (a) your participation in, or failure to participate in, the Program, (b) the use of or defect in any Reward. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. The sole extent of Released Parties’ liability, if at all, shall not exceed the actual retail value of the Reward in dispute. You agree that any claim under these Terms and Conditions must be brought within six (6) months after the cause of action arises, or such claim or cause of action shall be barred.
Use of the Program Website
The Administrator operates the Program Website, which provides additional information regarding the Program and, if you are a registered user of the Program Website, also will give you access to your Rewards Account. The Program Website itself is governed by separate terms and conditions. Please read those terms and conditions carefully, as they describe your rights and obligations with respect to the Program Website. Certain features or services offered on or through the Program Website require that you become a registered user, including establishing a username and password. You alone are responsible for maintaining the confidentiality of your online profile information, including your username and password, and all activity that occurs with respect to your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username or password, or any other breach of security. Regardless of when you notify us, you agree that we will not be liable for losses incurred by you or any other user of or visitor to the Program Website as a consequence of the use of your username, password or online profile by someone else. You agree not to use another person’s username, password or online profile at any time without the express permission and consent of that person. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.
Communications
We may communicate with you regarding any matter related to the Program by mail, telephone, text messaging, or electronic communications, including e-mails. You consent to the receipt of all Rewards, correspondence, transaction confirmations and other information from us electronically through access to the Program Website, your Rewards Account on the Program Website or the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the Program Website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You agree that we may rely on any oral and electronic instructions from you to us. You are solely responsible for updating the contact information in your Rewards Account should there be any change in your name, address (including e-mail addresses you use with us), or telephone number(s). To change your account details, log into your account at chuck-a-rama.com/loyalty and click on "edit your profile". If you need additional help, email us at loyalty@chuck-a-rama.com.
Information We Collect and Use
Information collected from Members is subject to Sponsor’s Privacy Policy, located at Privacy Policy. By applying for enrollment in, and participating in the Program, you are agreeing that we may use your information as described in our Privacy Policy. You are also agreeing to review these Terms and Conditions and the Privacy Policy regularly so that you can make informed decisions about your use of our Program Website, your participation in the Program, and the personal information you choose to share with us. You may obtain a copy of our Privacy Policy at any time by visiting www.chuck-a-rama.com.
Disputes
You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and Conditions and/or Program, you will send a written notice to us (“Demand”). You agree that the requirements of this Section 19 will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send this Demand to the following address (the “Notice Address”): Mountain West Brands, c/o Chuck-A-Rama Senior Club Loyalty Program, 744 E 400 S, Salt Lake City, UT 84102.
You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand. If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.
You agree that you will not file any lawsuit against us in any state or federal court. You waive any right to a trial by a jury or a state or federal judge. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
We agree that we will not file a class or collective action against you, and that we will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms and Conditions and/or Program. We agree that we will submit all disputes with you to arbitration before the Arbitrator.
Notwithstanding any other provision herein, you will not be bound by any changes we make to this Section 19 unless you are provided prior notice by mail, e-mail, text, or other direct notification and do not cancel your enrollment. If you do cancel your enrollment in the Program, you will still be bound to the most recent Terms and Conditions operative when your enrollment was active.
Choice of Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Member, Mountain West Brands and Administrator in connection with the Program and these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah. MEMBER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE PROGRAM, THE GRANTING OF REWARDS AND THESE TERMS AND CONDITIONS WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
Miscellaneous Terms
If at any time any provision of these Terms and Conditions is determined by a court of competent jurisdiction as being illegal, invalid or unenforceable in any respect, such provision will be deemed to be removed from these Terms and Conditions and replaced with a lawful provision most closely approximating the intent of the stricken provision (except as noted in Section 19); and, the illegality/invalidity/unenforceability of any stricken provision shall not affect the legality or validity or enforceability of any other provision of these Terms and Conditions (except as noted in Section 19). No delay by MWB in enforcing the provisions of these Terms and Conditions in any given instance will in any way prejudice or restrict the rights of MWB nor will any waiver of rights by MWB in any given instance operate as a waiver of any subsequent breach by any person of any provision of these Terms and Conditions.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Program and your participation in it, and any and all prior agreements with respect to any other rewards program are superseded by these Terms and Conditions. These Terms and Conditions and the Program are governed by the state and U.S. laws, without regard to its conflicts of law principles. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect.