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Loyalty Program Terms & Conditions

Effective Date: [October 9, 2023]

The Pub Club Program ("Program") is a voluntary loyalty rewards program offered and managed by PJ Whelihan's Pub + Restaurant. ("X," "we," "us," or "our"). The Program is designed to reward our customers, and allows any eligible participant who has an active, registered loyalty account to collect rewards, credits, or other benefits as may be offered from time to time ("Rewards"). These Terms & Conditions ("Terms") contain important information about your rights and obligations under the Program. By participating in the Program, you agree to comply with and be bound by these Terms.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, LIMITATIONS ON PJ WHELIHAN'S PUB + RESTAURANT 'S LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE PROGRAM.

General Information

Participation in the Program and its Rewards is offered at PJ Whelihan's Pub + Restaurant's sole discretion, and by participating in the Program, you agree that you have opted to voluntarily participate in the Program. These Terms apply to all aspects of your use of and benefit from the Program, including all disputes between you and PJ Whelihan's Pub + Restaurant.

PJ Whelihan's Pub + Restaurant's Privacy Policy and the Terms of Use are incorporated into these Terms. In the event any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms will remain valid and enforceable.

Rewards have no cash value, and you will not receive cash or credit for the difference between the regular price and any promotional price of an item or service. PJ Whelihan's Pub + Restaurant is not responsible for your inability to receive or redeem Rewards, or any other loss arising from your failure to provide and maintain accurate information for your participation in the Program.

Eligibility

Membership in the Program is open only to legal residents of the United States. You must be at least the legal age of majority in your state at the time of registration.

Program participation occurs only at participating [23 stores in the United States. Rewards cannot be earned on purchases made at stadium or arena locations.

The Program is intended for personal use only. Commercial use is prohibited, and no business entity, organization or group may participate in the Program. Restaurant employees of PJ Whelihan's Pub + Restaurant and its franchisees are not eligible to enroll in the Program.

Enrollment in the Program

Eligible individuals may enroll in the Program by visiting https://pjspub.com/pubclub.php and completing the online registration. There is no fee to enroll or participate in the Program.

Subscribers can opt-in for SMS messages from PJ Whelihan's Pub + Restaurant as a part of the loyalty registration process at PJW Restaurant Group Enrollment (myguestaccount.com). By doing so, you agree to receive automated promotional and personalized marketing text messages from PJ Whelihan's Pub + Restaurant to the mobile phone number you provided when signing up. Messages may pertain to promotional programs, new menu items, etc. Messages for this program will be sent from (10DLC/Short Code) and begin with PUB CLUB. Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and Data rates may apply.

To opt-out of the text messaging program, text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our (10DLC/Short Code) to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our (10DLC/Short Code) you will receive one additional message confirming that your request has been processed. For more information, text the keyword HELP to our (10DLC/Short Code) for customer care information. You can also contact us at PubClubSupport@pjspub.com or 856.216.0656 or https://pjspub.com/contact_support.php for additional assistance.

Benefits

Enrolled Pub Club members will earn 5 points for every $1 spent on eligible food and beverages. Points are not earned on purchases of alcoholic beverages, gift cards, catering, tax or gratuity. Once a member accrues 500 points ($100 spend), they will automatically receive a $5 reward to be used within 90 days of receipt. Members will also receive a free dessert during their respective birthday month, to be used within 30 days of receipt.

How to Redeem Rewards

Rewards may be redeemed for food and beverages (excluding alcoholic beverages) sold at PJ Whelihan's Pub + Restaurant. They may not be redeemed for purchases of gift cards, catering tax, gratuity, or cash. All Rewards are subject to availability and may be changed from time to time.

You can always check your point balance, Rewards, and past transactions on your online account. We reserve the right to make the final determination whether any purchase qualifies for points and the number of points earned.

Reward Disputes

If you believe that a purchase should have resulted in the addition of points to your account, and such points are not posted to your account within a week after the purchase, please notify us by filling out a Support Form or by sending an email to PubClubSupport@pjspub.com. We will make reasonable efforts to investigate, provided that you notify us of such dispute within 14 days of the purchase. If you do not notify us within 14 days, no dispute can be initiated with respect to that purchase and we will have no obligations to investigate. The check number for your visit must be provided at the time of the dispute to properly verify the purchase and eligibility for points.

Expiration of Points and Rewards

Points and Rewards you have received will expire if there has been no transaction activity associated with your account for three hundred sixty-five (365) days. Once points or Rewards expire, points or Rewards cannot be returned.

Collection of Personal Information

We may collect personal information from you so that you can create a Program account and for us to provide you certain Rewards or benefits of the Program. The personal information required to create a Program account includes name, email address, phone number, city, zip code, birthdate, and account password. You may opt out of providing such personal information or request the deletion of your personal information by using the contact information listed below, but you understand and agree that you will be unable to participate in the Program if you request the deletion or limitation of your personal information collected for the purposes of participating in the Program.

We may disclose your personal information to our service providers, affiliates, and other third parties consistent with our Privacy Policy. We may also share your personal information with third parties to provide you with targeted advertising that may be of interest to you or for other purposes.

Security of Your Account

You are responsible for keeping the information you use to access your account private and secure. If someone other than you uses your account information, you will be responsible for any actions taken on your account. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity, or if your account has otherwise been compromised.

Taxes

You are fully responsible for any and all taxes on any Reward you receive.

Marketing Communications

We may email or text you regarding any matter related to the Program or for marketing or promotional purposes. By participating in the Program and selecting the "Email Opt In" button when creating your account, you provide your consent to opt-in to receive marketing or promotional communications. Consent to receive marketing communications is not a condition of purchase or participation or enrollment in the Program. If you do not wish to receive marketing or promotional communications, you may unsubscribe at any time using the instructions provided in the text message or email.

Changes to the Program

[X], in its sole discretion, may modify, suspend, add, delete, or terminate any of these Terms, Rewards, points, or other aspects of the Program, in whole or in part, at any time, even though such changes may affect the value or amount of your points or Rewards already received. We will post any changes to these Terms to this webpage and will indicate at the top of this page the date these Terms were last revised. You should review the posted Terms each time you use the Program. The revised Terms will be effective as of the time that we post them, and your continued participation in the Program will constitute acceptance of the revised terms.

In the event we modify, add, delete, or terminate any of these Terms, Rewards, points, other aspects of the Program, you will not have the right to require us to continue the Program or the specific Reward after the date we end the Program or the specific Reward. We will make reasonable efforts to inform you within 45 days if your points or Rewards are expiring as a result of the Program being modified, cancelled, closed, or terminated. Subject to these Terms, you will then have 45 days to redeem your points or Rewards ("End Date"). If we end the Program, Rewards and points you have earned but not used will expire on the End Date, and you may not redeem any Rewards or points after the End Date.

Termination of Your Participation in the Program

You may terminate your participation in the Program at any time via your online account or by:
• Sending an email to PubClubSupport@pjspub.com
• Sending a letter to
     Attn: Marketing
     222 Haddon Avenue, Suite 200
     Westmont, NJ 08108
• Calling 856.216.0656

If you terminate your participation in the Program, we will de-activate your account, and you will immediately forfeit any points or Rewards that you may have earned.

We reserve the right, in our sole discretion, to de-activate or limit your account or remove any Rewards you may have received if we reasonably believe that you were or have become ineligible for the Program, that you have violated these Terms, or for any other reason in our discretion. The sale of points or Rewards is prohibited and may result in the confiscation or cancellation of your points or Rewards as well as suspension or termination of your participation in the Program, which in each case shall be final and conclusive.

Limitation of Liability

PJ Whelihan's Pub + Restaurant makes no warranty of any kind regarding the Program, Rewards or any points, which are provided on an "as-is" and "as-available" basis. PJ Whelihan's Pub + Restaurant makes no representation or warranty that the Program will be available to you 100% of the time, or that the Program will be error-free, uninterrupted, or free of viruses or defects. PJ WHELIHAN'S PUB + RESTAURANT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PARTNERS AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE PROGRAM OR ANY PROVISION OF THE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CASE, THE ENTIRE LIABILITY OF [X] AND AFFILIATES AND LICENSORS UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).

Choice of Law

The Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to any choice or conflict of laws provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. You consent to the exclusive and personal jurisdiction of the state and federal courts located in New York, New York with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of the Terms and hereby waive any objection to the propriety or convenience of venue in such courts.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration in New York, New York before one arbitrator with substantial experience in the industry and in resolving commercial contract disputes. The arbitration shall be administered by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the arbitration rules of JAMS in existence at that time; provided, however that the foregoing shall in no way limit or restrict your right to enforce an arbitration award in any court of competent jurisdiction. The parties hereby expressly waive all rights to have their disputes resolved through civil lawsuits and bench (judge) or jury trials. This arbitration provision does not encompass either party's right, if any, to obtain injunctive relief. Notwithstanding the foregoing, either party has the right to apply to any court of competent jurisdiction for equitable relief, including pre-arbitral attachments, a temporary restraining order, temporary injunction, permanent injunction or order of specific performance, as may appear reasonably necessary to preserve the rights of either party.

Questions

If you have any questions about your participation in the Program, you may contact us via email at PubClubSupport@pjspub.com.