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You must be 21 years of age or older to participate in the Average Joe’s Beer Tour. The Joe’s Beer Tour is intended for individual use only. Individuals may not have more than one membership. Family members may not share a membership. Beer records and rewards may not accumulate for a business entity. Average Joe’s reserves the right to disqualify any participant, at any time and for any reason deemed appropriate by Average Joe’s. Employees of Average Joe’s are invited to participate in the Joe’s Beer Tour; however, employeesmay not participate during working hours.
Sign up by going to averagejoespub.com/beertour. Once you have started you online profile, pick up your Joe’s Beer Tour card at any of our restaurants to have your account activated. You are responsible for updating your contact information if changed. Rewards and prizes cannot be earned or redeemed unless we have an active valid e-mail address.
Joe’s Beer TourParticipants can use their cards at all Average Joe’s locations. Your rewards will be determined by and distributed in your Home Store location. Average Joe’s reserves the right to suspend, add or withdraw participating locations without prior notice.
IT’S YOUR BIRTHDAY!
If you have chosen to be a Joe’s V.I.P member and provided us with your birthdate during that registration, then you are eligible for a free order of boneless wings on your birthday. You will receive an email with details on how to redeem your free wings.
Joe’s Beer Tour is completed when a Member drinks 75 different beers. All Participants in the Joe’s Beer Tour can use their card # to keep a record of all the different beers they have purchased. Your beer tour record can be viewed by visiting averagejoespub.com and logging into your personal beer tracker.When participating in the Joes beer tour your server will ask for your card number to electronically record each consumed beer. Beers will be tracked by averagejoespub.com for the completion of your Joe’s Beer Tour. The online beer menu will show each beer based on what store it is being sold. Unless prohibited by local or state law, when you have tried all the beers on your first tour you will be invited to our year end party where we will be rewarding all the tour members.
HOW TO EARN POINTS OR CREDITS:
Depending on where you live, you will earn prizes and rewards in one of the following three ways. All points and credits are tracked on your account when presenting your Joe’s Beer Tour card to your server at the restaurant.
JOE’S BEER TOUR (Beer-Based):
Your rewards will be calculated on the number of beers electronically credited to the completion of your Tour. Participants are eligible for prizes after completion of 25, 50, and 75 beer credits.
REDEEMING REWARDS & POINTS:
Prizes and rewards are subject to change. Redemptions of prizes, points or rewards will also vary depending on the location, particular offer or reward, and availability. Prizes and beer credits are non-transferable, have no cash value, cannot be redeemed for cash, cannot be used for the purchase of gift certificates and merchandise, cannot be substituted unless required by law and may be subject to expiration. Members may only redeem one reward per visit. Unredeemed rewards will be stored on your card until your next visit or the expiration of the reward. Points and rewards are subject to expiration.
LAWS MAY PROHIBIT THE REDEMPTION OF REWARDS FOR ALCOHOL PURCHASES.
CANCELLATION OR TERMINATION OF BENEFITS:
Members may cancel their membership at any time by contacting us at email@example.com. Average Joe’s may cancel this program in its entirety; end or modify any specific reward or benefit; modify requirements for earning benefits, modify the time period in which you have to earn a particular benefit; and/or modify any other feature of the program at any time and without prior notice
WEBSITES AND ELECTRONIC DATA:
Average Joe’s makes available to its members information about the Joe’s Beer Tour through its website. Circumstances beyond our control may cause such information to be incomplete or unavailable. Therefore, Average Joe’s does not warrant or guarantee that its web site information or other electronic data will be available or accurate at all times.
We may collect personally identifiable information when you visit or use our web site. We may also receive personally identifiable information from our business partners. We also automatically receive and record information on our server logs from our browser including your IP address, cookie information and the page you requested. We may use this information for three internal purposes: (1) to customize the content you see and provide you with any offers made for the Old Chicago brand generally; (2) to fulfil your request for certain services and information; and, (3) to contact you for the purpose of communicating about the program and special offers.
WE DO NOT SELL YOUR INFORMATION:
We will not sell or rent your personally identifiable information to anyone. We will, however, send personally identifiable information about you to other companies or people when: (1) we have your consent to share the information; or, (2) we need to share your information to provide the product or service you requested; or (3) we need to send the information to companies who work on behalf of the World Beer Tour to produce a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or (4) we respond to subpoenas or court orders or legal processes.
LEGAL LIABILITY LIMITS:
You agree that Average Joe’s and its parent company, XXXXXXX. and its subsidiaries, their directors, officers, employees, agents, franchisees and their parent companies, subsidiaries, directors, officers, employees, and agents shall not be responsible or liable to you for: (1) any claim, loss, injury, damage, delay, accident, cost or expense, including attorney's fees, arising out of or related to the Joe’s Beer Tour program, these Terms & Conditions, and the website; (2) any incidental, indirect, special, punitive, exemplary or consequential damages, arising out of or related to the Joe’s Beer Tour program, or (3) use of the information you provide to us to enroll in the Joe’s Beer Tour program. If you have any questions, please contact us at firstname.lastname@example.org. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AVERAGE JOE’S RESERVES THE RIGHTS TO DISQUALIFY AND TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION: The following Agreement describes the terms and conditions that apply to your participation in our Joe’s Beer Tour. By participating in and registering for the Joe’s Beer Tour, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
Please read this section carefully. It 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 final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
BINDING ARBITRATION This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your participation in World Beer Tour (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
ARBITRATION PROCEDURES You must first present any claim or dispute to us by contacting us in writing or by electronic mail to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in either Denver, Colorado or Chattanooga, Tennessee depending on your location and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. 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. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
COSTS OF ARBITRATION All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTIONS By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
GOVERNING LAW - COLORADO This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.
DISCLAIMERS AND LIMITS ON LIABILITY CraftWorks Restaurants & Breweries Group, Inc. and its affiliates and subsidiaries make no representations, warranties or conditions of any kind, express or implied, with respect to the World Beer Tour, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. The company does not represent or warrant that the World Beer Tour will always be accessible or that your participation will always be accepted.
In the event that CraftWorks Restaurants & Breweries Group, Inc., or its subsidiaries or affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of rewards associated with the dispute. The company and its subsidiaries and affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event the company or its subsidiaries or affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a loyalty program account through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and Starbucks Corporation, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.