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Terms and Conditions

DELIVERY

This section applies to Delivery of Boston Market Products. These terms govern the purchase and delivery of Boston Market menu items from, and the placing of orders on, our website, through our mobile application (“app”) or through a delivery service like GrubHub, DoorDash, Amazon, Postmates or any other delivery service that might bring our food to you (collectively our “Delivery Partners”, and individually a “Delivery Partner”) .

Delivery Services. Boston Market wants to make our great food available to you wherever and whenever you want it. To do that, we offer delivery through our website, app and through delivery partners (GrubHub, DoorDash, Amazon, Postmates and others) through their apps. Delivery services may not be available at all of our restaurants. All orders placed using our website, our app, or any Delivery Partner, are subject to availability and your acceptance of these Terms and Conditions.

Acceptance of order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion for any reason, including but not limited to lack of availability, errors on our website, our app, any Delivery Partner or their app, and/or errors in the order, or failure of a payment to process. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will begin preparing your order for delivery.

Pricing and Availability of Delivery. All prices are shown in U.S. dollars, and taxes, delivery, shipping and handling charges (if any) are additional. PRICES, PROMOTIONS AND OFFERS DISPLAYED THROUGH OUR DELIVERY PARTNERS OR FOR DELIVERY ON OUR WEBSITE OR APP ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR RESTAURANTS OR FOR PICK-UP. FOR EXAMPLE, SOMETIMES PRICES DISPLAYED THROUGH OUR DELIVERY PARTNERS OR FOR DELIVERY ON OUR WEBSITE OR APP WILL BE HIGHER THAN IN-RESTAURANT OR PICK-UP PRICES. We reserve the right to change prices, and prices may vary by area. You will be advised of any fees prior to checkout. At the present, you will not receive Rotisserie Rewards, or be able to redeem them, or redeem rewards, coupons or other promotions offered as a part of our delivery program. All of our menu items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain menu items at any time. You should contact the Delivery Partner who delivered your order if you have any issues.

The delivery fee quoted at checkout may be different than the actual delivery fee for your order. Differences may occur based on changing availability of drivers, changes in traffic, and other factors between the time your submit your order and the time your order is dispatched for delivery and are determined solely by our third party Delivery Partners. You agree to pay any such differences in delivery fee and that Boston Market is under no obligation to inform you of such changes before your payment method is charged for the actual prices, costs and/or delivery fee.

Rewards. Purchases made for delivery are not eligible to earn or accumulate any rewards, points or other incentives offered by Boston Market.

Deliveries. Once you place your order, you should be provided with an estimated delivery time. This time is only an estimate and your actual delivery time may be longer or shorter depending on a variety of factors including, among others, traffic, distance, availability of delivery services at any given time, and weather. You are responsible for inspecting all menu items you receive from us for any damage or other issues upon delivery. We, or our Delivery Partner, reserve the right to charge you the full order amount if you or your designated recipient is not at the designated delivery location when the delivery agent arrives to complete the delivery. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Boston Market.

Cancellations; Refunds. You cannot make changes to, or cancel, a delivery order once it is placed. If you are dissatisfied with any menu time in your order, please contact us at bostonmarket.com/contact. We reserve the right, in our sole discretion, to issue a refund, or take no action.

Taxes. We will collect applicable sales tax on your order in the states for which we determine we have a duty to collect sales tax. If any order, or part thereof is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
No Resale. You are not permitted to resell or otherwise any Boston Market item that is part of your order for commercial purposes.

GENERAL

Limitations on Boston Market’s liability. NEITHER BOSTON MARKET, ITS OWNERS, AND ITS AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES (THE “BOSTON MARKET SYSTEM”) , SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT BOSTON MARKET’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY BOSTON MARKET’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. Boston Market Corporation reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

Boston Market provides all online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. Boston Market PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. BOSTON MARKET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOSTON MARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST BOSTON MARKET AND ALL OTHER MEMBERS OF THE BOSTON MARKET SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Boston Market does not endorse and is not associated with any of these third party services. NEITHER BOSTON MARKET NOR ANY OTHER MEMBERS OF THE BOSTON MARKET SYSTEM HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

Events beyond our control. NEITHER BOSTON MARKET NOR ANY OTHER MEMBERS OF THE Boston Market SYSTEM HAVE ANY RESPONSIBILITY for BOSTON MARKET’S FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond Boston Market’s reasonable control. If such an event occurs, then Boston Market’s obligations under these terms will be suspended for the duration of the event; and Boston Market may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes. You agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) you may have with Boston Market or any member of the Boston Market System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Boston Market or other members of the Boston Market System; (4) the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services; (5) the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) no claims shall be arbitrated on a class or representative basis as you and Boston Market hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Boston Market; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Boston Market under this provision; (7) you and Boston Market empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable; (8) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Boston Market agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Boston Market will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Boston Market nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of Denver County, Colorado or the United States District Court for the District of Colorado. Further, BOTH YOU AND BOSTON MARKET AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Boston Market are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at http://www.jamsadr.com.

Rotisserie Rewards Program

Effective Date: August 15, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE BOSTON MARKET CORPORATION ROTISSERIE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN THE BOSTON MARKET® ROTISSERIE REWARDS™ PROGRAM.
Please note that these Terms of Use include an arbitration provision that governs any disputes between you and us. Unless you opt out as described in the arbitration provision below, this provision will:
-eliminate your right to a trial by jury; and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
These Terms of Use set forth the terms and conditions applicable to the Rotisserie Rewards program. In these Terms of Use, “you,” “your,” or “member” refer to the person who has successfully registered for the Rotisserie Rewards program or who is an existing Rotisserie Rewards member. “We” or “us” refers to Boston Market Corporation, its participating licensees and franchisees.

You agree that we may provide notices, disclosures and amendments to these Terms of Use, and other information relating to the Rotisserie Rewards program by electronic means, including posting such information and materials online at https://www.bostonmarket.com/company/terms-and-conditions/.
These Terms of Use apply to your access to, and participation in, the Rotisserie Rewards program in the United States (“Rotisserie Rewards”), which is operated by Boston Market Corporation or its participating, licensees (collectively, “Boston Market”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Boston Market for other products or services, such as gift cards or catering. Boston Market reserves the right to change or modify these Terms of Use or any policy, FAQ, guideline or rule pertaining to Rotisserie Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to https://www.bostonmarket.com/company/terms-and-conditions/ and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in Rotisserie Rewards following any such changes or modifications confirms your acceptance of these Terms of Use and such changes or modifications; therefore, you should review these Terms of Use and the policies, any FAQs guidelines and rules pertaining to Rotisserie Rewards often to understand the terms and conditions that apply to your access to and participation in Rotisserie. If you do not agree to these Terms of Use, you must stop accessing and participating in Rotisserie Rewards.
Rotisserie Rewards is intended for personal use only. Commercial use is prohibited. Rotisserie Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Rotisserie Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Please read the Privacy Statement on our website (www.bostonmarket.com)carefully to understand how Boston Market collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

Subject to these Terms of Use, and as a benefit of membership in the Rotisserie Rewards program (sometimes hereinafter the “Program”), when you register for the Rotisserie Rewards Program you may earn and redeem rewards points at participating Boston Market restaurants, subject to these Terms of Use.
Your registration for Rotisserie Rewards program and/or continued membership in that rewards program, or any prior rewards program offered by Boston Market Corporation, indicates your acceptance of and agreement to all of these Program Terms and Conditions, including, without limitation the arbitration provision in Section 14 below. Be sure to check these Program Terms located at bostonmarket.com for updates, as your continued membership and/or participation in the Rotisserie Rewards Program signifies your acceptance of these Terms of Use as they exist from time to time, including, without limitation, any changed provisions.

1. About Rotisserie Rewards
The Rotisserie Rewards program is one way that Boston Market seeks to reward loyal guests and thank them for patronizing our business. Rotisserie Rewards members in good standing are able to earn and accumulate “Market Points” that can be redeemed for Rotisserie Rewards benefits (sometimes referred to as “Rewards”) at participating Boston Market restaurants and are eligible to receive certain additional benefits. Unfortunately, not all Boston Market locations are able to award Market Points, or redeem Market Points for Rotisserie Rewards, at this time. Boston Market restaurants located on Army or Air Force bases or other military bases participate in the Rotisserie Rewards program, but Boston Market locations at Travel America sites do not presently participate, , and so are not able to award or redeem Market Points or Rotisserie Rewards, visit http://www.bostonmarket.com/ and search for locations honoring “Rotisserie Rewards”. Army and Air Force base locations are not listed on bostonmarket.com .

2. How to Join Rotisserie Rewards
To be eligible to join Rotisserie Rewards in accordance with these Terms of Use, you must register. The Rotisserie Rewards registration process may require that you provide the following information: first name, last name, username (your email address), password, mobile phone number, and zip code. If you want to participate in our birthday rewards, must also provide your birth date. There are four (4) ways to join Rotisserie Rewards and begin accumulating Market Points:
1. Download the Boston Market mobile app to your Android™ or iPhone® device. Follow the prompts to create a Rotisserie Rewards account.
2. Go to bostonmarket.com and follow the prompts that show you how to sign up to earn points to create a Rotisserie Rewards account.
3. Go to a participating Boston Market restaurant. Provide your phone number to a cashier. You will then receive a text that will allow you to opt-in. Fees may apply for texts. By participating, you agree to receive text messages from Boston Market.
4. Join Rotisserie Rewards through a special promotion, membership or other program that may be offered by Boston Market and/or our business partners. There may be additional terms and conditions applicable to these promotions and programs, so please read them carefully.
Your Rotisserie Rewards username(s) and password(s), and Rotisserie Rewards account(s), are for your personal use only. You are responsible for maintaining the security and confidentiality of your Rotisserie Rewards username(s) and password(s), Rotisserie Rewards program account(s) and profile information (including registered email address and phone number), and you agree to be responsible for all activities that occur with any of the foregoing or otherwise in connection with the Program. Neither Boston Market nor its respective service providers are responsible for use of any of the foregoing without your permission.
3. Account Registration
You will not begin accumulating Market Points until the registration process is complete and verified. Incomplete accounts, or non-working email addresses, or cell phone numbers may disqualify you from participating in the Rotisserie Rewards program.

The Rotisserie Rewards program operates only in the contiguous 48 states of the United States.

4. Earning Rotisserie Rewards
The Rewards that are available to you through Rotisserie Rewards are based on the number of Market Points that you earn. You can earn Market Points by making purchases at participating Boston Market restaurants in the United States.
You will earn Market Points based on the value of your purchase (after any discounts and coupons applied and before taxes) at the rate of one (1) Market Points for each One U.S. Dollar ($1.00) you spend at participating Boston Market restaurants. Qualifying Catering Purchases (defined below) will earn $1.00 One U.S. Dollar ($1.00) you spend. Market Points may only be earned in whole dollars (no fractions or portions of a dollar). For example, if you spend $9.99 (Nine Dollars and 99 cents) at a participating Boston Market for a qualifying purchase, you will get 9 Market Points. If you spend $10.01, you will get ten (10) Market Points.

A Qualifying Catering Purchase is a purchase of catering services offered by Boston Market which meets certain criteria. In order to qualify for Market Points, the purchase must be made one of two ways: 1-either through the Boston Market eMarket link ; or 2- though a designated Boston Market employee who may place orders through eMarket. These employees are currently identified as Catering Sales Specialists. In addition, no catering purchase made pursuant to a contract, agreement, or understanding between a third party and Boston Market for catering services at special or discounted pricing will accumulate Market Points, no matter how the order is placed. In addition, Boston Market is not responsible for any prohibition by any person’s s employer or other entity that may prohibit or restrict that person’s right or ability to have or accumulate Market Points; to accumulate Market Points in any particular account; or to disclose the existence of Market Points. Boston Market reserves the right to not reward Market Points to, or to remove Market Points from the account of, any person who fails to follow the above requirements for a Qualifying Catering Purchase, or who Boston Market becomes aware has violated these requirements, and/or to change the definition of a Qualifying Catering Purchase at any time. By participating, or attempting to participate, in Rotisserie Rewards, you acknowledge, agree and consent to such actions by Boston Market.
Subject to these Terms of Use, an eligible member whose Rotisserie Rewards Program account is in good standing may earn 1 point per 1 U.S. dollar ($1) spent on eligible purchases at participating locations of the Rewards associated with the member’s Rotisserie Rewards Account in the fifty (50) United States and the District of Columbia. Eligible purchases are limited to all in-store transactions (excluding past purchases, catering purchases, and purchases of gift cards and gift certificates). Points are earned only on the actual amount paid by a member in an eligible transaction (after any applicable discounts and before taxes). Points are earned only on whole dollar purchases and not partial dollar purchases, and a partial dollar purchase will not be rounded up to the next dollar (for example, a $1.15 purchase would earn only two points). Points, if previously earned, will be deducted by a Sponsor, in its sole discretion, for returns, cancelled orders, chargebacks and other circumstances affecting an applicable transaction. Purchases at nonparticipating locations, taxes and online transactions are not eligible. Market Points will not be earned on charitable donations. Participating locations are subject to change in Sponsor(s) sole discretion without notice.

To earn rewards based on making eligible purchases (“Market Points”), you must “check-in” at the point of sale at a participating Rotisserie Rewards location prior to completing your purchase. . You may also text “Boston” to 67794. You will then receive an opt-in text message. If you opt in, you will receive a second text with a link to a Rotisserie Rewards sign-up page. Ordinary carrier fees may apply to all text message.
To redeem points for a Rotisserie Rewards where you are a Rotisserie Rewards member, you must select an eligible Reward within your Rotisserie Rewards Program account on the applicable Boston Market app or online at the applicable Boston Market website. You must have the correct number of points available in your Rotisserie Rewards Program account for the selected points Reward.

5. Redeeming Rewards
In order to redeem a Rotisserie Reward, you must select the Reward that you want to use before you arrive at the point of sale, and place that reward (or rewards) in yoru wallet. You may then select from the Rewards in your wallet at the point of sale.

At the time of selection of a Rotisserie Reward, your selected Reward will be posted to your applicable Rotisserie Rewards account and your Rotisserie Rewards points balance will be reduced by the number of points redeemed. Once made, a Rotisserie Reward selection is not subject to change, substitution or reversal by a member.

To redeem a rotisserie Reward, visit an applicable participating Boston Market restaurant, “check in” at the point of sale as described above. Your Rotisserie Reward will be removed from your Rotisserie Rewards account at the time of use. All Rotisserie Rewards expire thirty (30) days after posting to your Rotisserie Rewards account, and if a selected Rotisserie Reward expires without redemption, the associated points used to select the Rotisserie Reward will not be reinstated to your Rotisserie Rewards account.

You may only redeem one (1) Rotisserie Reward per visit, which you may choose at the point of sale. A Rotisserie Reward may only be redeemed for the purchase of the selected Rotisserie Reward. Redemption of a Rotisserie Points Reward will not earn a member Market Points. If you redeem a Reward for part of a transaction, and buy other menu items, the portion of your purchase that was the Reward redemption is not eligible for Market Points.

If you have no activity on your Rewards Program account for six (6) months, the Market Points in your Program account (no matter when they were earned) will expire and will no longer be available for redemptions. “Activity” is defined as making a food or drink purchase eligible for Market Points, or a Reward redemption at a participating Boston Market restaurant, through the Boston Market app, or through eMarket on bostonmarkt.com using the Rotisserie Rewards associated with your Rewards account. Rewards accounts may not be combined. If there is no activity (as defined above) on your Rewards account for six (6) months or more, you will continue to be a member of the Rewards Program, but your Market Point balance for the Rewards Program and Market Points are reduced to zero and any activity restarts your account again at zero points.

Rewards may not be substituted (except by an applicable participating Boston Market restaurant, in that restaurants sole discretion). Redemption of Rewards is based upon availability of the particular Reward in the applicable Rewards location at which you redeem your Reward, and you cannot substitute another type of Reward for a selected but unavailable Reward. A Reward must be redeemed in a single transaction and any unused portion of a Reward is forfeited, for which no consideration will be given. Partial redemption of Rewards is not allowed (for example, if a single Reward was two fountain drinks(such a Reward may not actually exist), that Reward must be redeemed in a single transaction and visit; you could not break you the Reward to redeem a single fountain drink on two separate visits and transactions). In the event of any dispute, Boston Market’s determination of the size or quantity of the Reward shall be final.

Market Points and unused earned Rewards (if you have any) will be identified on your account page accessible by logging into your Rewards account on the Rotisserie Rewards App or website. Your points and Rewards shall be as reflected in Boston Market’s records, unless you can prove otherwise to Boston Market’s satisfaction.

Rewards are subject to change, elimination or substitution at any time at Boston Market’s sole discretion without notice. Market Points and Rewards (a) have no cash value, (b) may not be redeemed or exchanged for cash or any cash equivalent, (c) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Points Reward or Program Reward), (d) are not transferable, and (e) may not be substituted (except by a participating Boston Market restaurant, in its sole discretion). Redemption of Rotisserie Rewards do not earn Market Points. You are not obligated to accept or redeem any Rewards. Rotisserie Rewards will be deemed forfeited without notice if not used within the allotted time frame, and the associated points used to select the Reward will not be reinstated to your Program account.

• 6. Promotional Bonus Market Point Offers. From time to time, we, or others acting with our permission, may offer you special promotions that offer you additional Market Points. The promotional Market Points, if any, will be awarded as described in the applicable promotional offer, and will be subject to any additional terms and/or conditions set forth in such promotional offer.
• 7. Partnership Programs. Eligible customers may, at times, earn Market Points through participation in programs offered by our business partners. For example, (meant as illustration only and not an actual offer) “Buy any Coca-Cola fountain product and get double Market Points for your purchase” (NOTE-the preceding is meant only as an example. Actual promotions, if any, may vary, and are at the sole discretion of Boston Market.) Boston Market does not operate and is not responsible for these programs, which have separate and additional terms and conditions governing how Market Points may be earned.
8. Exclusions to Earning Market Points
There may be certain types of types of promotional programs that do not offer Market Points. In addition, you cannot earn Market Points on non-qualifying purchases, including, but not limited to, purchases of Give Kids The World coupon books or of Boston Market Gift Cards or (such as activations, reloads, transfers, and other card-to-card transactions). Taxes, tips, donations, and fees, including without limitation, delivery fees, and any fees charged by any delivery partner are excluded and ineligible for Market Point accrual.

9. When Market Points Are Added to Your Rotisserie Rewards Account
Generally, Market Points are automatically added to your Rotisserie Rewards account within twenty-four (24) hours of when you earned them with a qualifying purchase. If you believe that Market Points were not added to your Rewards account timely, you should submit your original receipt for verification to teamgsc@bost.com. Boston Market will review your request, but reserves the right to not add Market Points to an account for any non-qualifying purchase, or portion thereof, or should Boston Market be unable to verify the purchase in its sole discretion, or reasonably doubt the validity of the request for any reason. Note that there may be a delay in adding Market Points earned through receipt verification to your Rotisserie Rewards account. Market Points earned through receipt verification are generally added to your Rotisserie Rewards account within 3-5 business days from when you complete the receipt submission at teamgsc@bost.com.

If you void a purchase made that resulted in an award of Market Points, or if a purchase is refused by a credit card company, or charged back, or if a purchase made with a check results in an award of Market Points and the check is subsequently dishonored, Boston Market will deduct any Market Points that you earned for that purchase from your Rotisserie Rewards balance, potentially resulting in a aero Market Point balance on your Rewards account. If you return menu items purchased and for which Market Points had been awarded, the Market Points awarded as a result of that purchase will be deducted from your Market Points total. Purchases made with Boston Market gift cards accrue Market Points, but purchases of Boston Market gift cards do not.
If you use multiple forms of payment in one transaction, such as cash, credit card or a Boston Market gift card or other stored value card, (for example, a Visa® or American Express® gift card), you will receive Market Points associated with that purchase.
10. Market Point Expiration

Market Points accrued in your Rotisserie Rewards account expire six (6) months after the date on which those Market Points were earned. For example, if you earn Market Points on May 25, 2019, they will expire on November 25, 2019. The oldest accrued Market Points will be used first for redemptions. You can view and track your Market Point balance and available Rotisserie Rewards, as well as any additional benefits for which you are eligible as a Market Points Rewards member, on ,inset website address> or by using the Boston Market mobile app.

11. Market Point Redemption
As a member of Market Points Rewards, you are eligible to redeem Market Points for complimentary menu items or discounts as described in these Terms of Use at participating Boston Market restaurants in the United States. Rewards offers different rewards based on different Market Point redemption tiers. The Market Point redemption tiers for redeeming Market Points at participating Boston Market restaurants in the United States are as follows:
• 30 Market Points may be redeemed for one (1) of the following: an individual side), or a free fountain beverage (excludes bottled beverages, milk, and gallon to go), or a free individual dessert. This reward is may not be redeemed with catering orders
• 50 Market Points may be redeemed for one (1) large Side substitutions). This reward is may not be redeemed with catering orders
• 75 Market Points may be redeemed for one (1) free pot pie. This reward is may not be redeemed with catering orders
• 85 Market Points may be redeemed for one (1) free quarter white or 3 piece dark individual meal. Meal includes two sides and one cornbread. Does not include other add-ons (drinks, additional cornbread, dessert or other items not included in half-chicken meal), which are available for an additional charge. This reward is may not be redeemed with catering orders
• 95 Market Points may be redeemed for one (1) half chicken meal. Meal includes two sides and one cornbread. Does not include other add-ons (drinks, additional cornbread, dessert or other items not included in half-chicken meal). Add-ons available for an additional charge. This reward is may not be redeemed with catering orders
• 100 Market Points may be redeemed for $10.00 off a purchase of at least $10 or more (before taxes, delivery fees or other charges. No cash refunds of any Reward or part thereof as Market Points have no cash value. This reward is may be redeemed with catering orders
• 120 Market Points may be redeemed for a Sandwich Combo. Sandwich combo incudes any sandwich (1), a fountain drink (1) and a side (1). Does not include other add-ons (other drinks, cornbread, dessert) or other items not included in Sandwich Combo), which are available for an additional charge. This reward is may not be redeemed with catering orders
• 130 Market Points may be redeemed for one (1) Chicken and Ribs Meal (One Quarter rack ribs, one quarter chicken and two regular, non-premium sides, with one (1) cornbread). Large sides, or regular premium sides, and other add-ons (drinks, additional cornbread, dessert or other items not included in half-chicken meal) available for an additional charge. This reward is may not be redeemed with catering orders
• 160 Market Points may be redeemed for one (1) Prime rib meal One (1) serving of prime rib, two regular, non-premium, sides, with one (1) cornbread). Large sides, or regular premium sides, and other add-ons (drinks, additional cornbread, dessert or other items not included in half-chicken meal) available for an additional charge. This reward is may not be redeemed with catering orders
• 200 Market Points may be redeemed for Twenty Dollars ($20) off any purchase of $20 or more (pre-tax). No cash refunds. This reward is may be redeemed with catering orders
• 225 Market Points may be redeemed one (1) family meal for 5 (one entrée for 5; three (3) large non-premium sides and five (5) cornbread). Large sides, or regular premium sides, and other add-ons (drinks, additional cornbread, dessert or other items not included in half-chicken meal) available for an additional charge. This reward is may not be redeemed with catering orders

• 1200 Market Points may be redeemed for one (1) free Holiday Complete Banquet (one (1) whole turkey, one (1) spinach artichoke dip, two (2) large mashed potatoes side items (non-premium), two (2) large steamed vegetables side items, rolls and one (1) dessert of Boston Market’s selection . The foregoing is a typical Holiday Complete Banquet. Contents of Holiday Complete Banquet may vary by geographic location and based on product availability. Boston Market reserves the right to substitute items as it sees fit, in its sole discretion. Note: special rules apply to this reward. This reward will be available to those rewards program participants who achieve the required number of Market Points, and may only be loaded into your wallet between October 1, 2019 and December 24, 2019. Once loaded into your wallet, it may be redeemed only between October 14 and December 25, 2019. To redeem, you must place the reward in yoru wallet between October 1 and December 24 then order the Holiday Complete Banquet through eMarket on bostonmarket.com. The order must be placed for pick-up at a participating Boston Market between November 22, 2019 and November 28, or December 20-December 25 during hours of operation for the restaurant from which it was ordered. Redemption is subject to availability of the Complete Holiday Banquet, which may not be available on all dates in all locations.
No substitutions or changes are allowed for any Market Point redemption, other than as noted in the reward. No cash value for any reward. All rewards may be redeemed only for goods and services offered by Boston Market. Market Point redemptions are subject to change or modification by Boston Market if products are unavailable.
Market Point Redemption May Vary; Participating Boston Market restaurants Only
Not all Boston Market restaurants may have the ability to honor all Market Point redemption tiers at all times, and the items available for redemption in each Boston Market restaurant may vary by participating Boston Market restaurant location.

Other Important Market Point Redemption Information and Exclusions
Market Points may be redeemed at participating Boston Market restaurants and are ineligible to be redeemed for the following items: delivery items, delivery fees, costs or tips, gift cards, coupon books, bottled beverages or milk, Give Kids the World coupon books.

You must have selected the Rotisserie Reward that you want to redeem and placed it in your wallet in the Boston Market app before placing your order at the point of sale at a participating Boston Market restaurant. You cannot redeem multiple Market Point rewards within a single order or transaction. For example, you cannot redeem 50 Market Points for a regular mac & cheese, and 30 Market Points for a free fountain beverage within a single order or transaction.

12. Additional Benefits of Market Points Rewards
As a Market Points Rewards member, you are eligible for the following additional benefits:

Sign-UP Reward. Upon becoming a member of Rotisserie Rewards,

Birthday Reward. On your birthday (as indicated in your Rotisserie Rewards account), you will receive one (1) Reward good for a free cookie (“Birthday Reward”).

Your Birthday Reward may be redeemed at participating Boston Market restaurants only and must be redeemed within fourteen (14) days of the date it is loaded into your Rewards Account. You will receive an email when it is loaded into your account and available for redemption. Any Birthday Reward not redeemed with fourteen days of the date itis loaded into your account will expire and no longer be available for redemption. Birthday Rewards have no cash value, and no Market Point value.

To qualify for your Birthday Reward, you must join Market Point Rewards at least seven (7) days prior to your birthday, provide your birthday (day and month) in your Market Points Rewards account information, and make at least one Market Point-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your Market Points Rewards account on your birthday and is valid only on that date. You must give your phone number (Market Points Rewards account number) to the cashier at a participating Boston Market restaurant in order to redeem your Birthday Reward. You will receive only one (1) Birthday Reward per year regardless of the number of Market Points that are registered to your Rotisserie Rewards account. No purchase is required to redeem your Birthday Reward.

If you provided Boston Market with a current, valid email address in your Rewards account information and have not opted out of receiving promotional emails, you will receive a reminder email from Boston Market approximately one days prior to your birthday indicating that your Birthday Reward is available to you. You also may receive a notification within the mobile app. You can check to see if your Birthday Reward is available by accessing your Rotisserie Rewards account on bostonmarket.com or in the Boston Market mobile app.
• Early or extended access to certain promotions and offers. Boston Market may offer Rotisserie Rewards members early or extended access to special offers, menu items or discounts. You may take part in these offers by loading these into your wallet and using them when you place an order at a participating Boston Market restaurant.

• Personalized offers and coupons. Special offers may be distributed by email, or through the Boston Market mobile app (including via push notifications), or through text notifications sent to your phone. By signing up you consent to receive such. Charges may apply. You may be required to opt-in and activate special offers via the Boston Market mobile app or text or via email. In order to receive and activate personalized special offers distributed via email and/or text, you must opt-in to receive promotional and marketing offers from Boston Market and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on menu items like food and beverages, or the opportunity to earn Market Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to place the special offer in your wallet on the Boston Market mobile app and give your Rotisserie Rewards account number in order to redeem special offers. Read each offer carefully for specific details, expiration dates, limitations and restrictions, and to learn whether Market Points will be awarded to your Rotisserie Rewards account. You should check your Rotisserie Rewards account frequently for any special offers or promotions.
Boston Market reserves the right to change the number and type of benefits offered to members of Rotisserie Rewards in its sole discretion at any time.

13. Other Important Information You Should Know
There are no participation or membership fees associated with Rotisserie Rewards. Market Points accrued in connection with Rotisserie Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Market Points accrued in connection with Rotisserie Rewards cannot be combined with any other offers or discounts that are applicable to the Rewards for which you are redeeming such Market Points, unless otherwise expressly indicated by Boston Market.
Your Market Points, Rotisserie Rewards, and your Rotisserie Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Rotisserie Rewards account that is personal to you.
Without notice or compensation to you, Boston Market reserves the right to suspend any Rotisserie Rewards account and/or terminate your Rotisserie Rewards account and/or Market Points and/or your participation in Rotisserie Rewards if Boston Market determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Rotisserie Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Boston Market may, in its sole discretion, suspend, cancel or combine Rotisserie Rewards accounts that appear to be duplicative. In the event that your participation in Rotisserie Rewards is terminated, all accrued Market Points in your Rotisserie Rewards account are void.
Boston Market also reserves the right to, without notice or compensation to you of any kind, even though such actions may affect rewards in the Rotisserie Rewards program or your participation in the Rotisserie Rewards program, “unregister” and make ineligible for Rotisserie Rewards or Market Points any Rotisserie Rewards account that has been inactive for two (2) consecutive years. Inactivity is defined as no Market Points earned during such two (2) consecutive year period. In the event that your Rotisserie Rewards account is unregistered or rendered inactive, all accrued Market Points in your Rotisserie Rewards account are void.
Boston Market reserves the right to change, modify, discontinue or cancel Rotisserie Rewards or any part of Rotisserie Rewards, at any time and in its sole discretion, without notice or compensation to you, even though such actions may affect rewards in the Rotisserie Rewards program or your participation in the Rotisserie Rewards program.

14. Arbitration
Please read this “Arbitration” section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. It replaces the right to go to court. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Rotisserie Rewards, the Market Points accumulated in Rotisserie Rewards account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Rotisserie Rewards, or your relationship with Boston Market or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the date you registered for a Rotisserie Rewards account or accumulated Market Points, whichever date occurs earlier (the “Opt-Out Deadline”). You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Boston Market Rotisserie Rewards, Guest Services Department, Boston Market Corporation, 14103 Denver West Pkwy., Golden, CO 80401. Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Guest Services department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. 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 rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. 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.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Boston Market will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we will not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

15. Force Majeure.
Boston Market is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in the Rewards Programs in the Program, or any part thereof, or its operations are affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation, interruption of any kind, civil disturbance, insurrection, riot, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.

16. Law Enforcement/Government Requests.
You agree that nothing contained in these Terms of Use prevents Boston Market from complying with law enforcement or governmental requests or requirements relating to your participation in the Rewards Programs or information provided to or gathered by Boston Market, or any third party providing services to Boston Market as part of the Rewards Program, with respect to such participation.

17. Entire Agreement.
These Terms of Use constitute the entire and exclusive agreement between you and Boston Market with respect to the Program. These Terms of Use supersede all prior or contemporaneous communications, agreements, advertising, descriptions, terms and conditions, and proposals, whether electronic, oral, or written, with respect to Market Points, Rotisserie Rewards or the Rewards Program or any other version of a member loyalty or rewards program from Boston Market or any affiliate. Both you and we acknowledge that neither you nor any we has been induced to enter into these Terms of Use by any representations or promises not specifically stated in these Terms of Use.

18. Precedence; Waiver; Interpretation.
If and to the extent that there is any conflict among or between any Rewards website (including any Rewards Program webpages), Rewards App (including any Rewards Program app pages) or other Rewards Program marketing, promotion, communication or descriptive materials and these Terms of Use, the language in these Terms of Use will control. Boston Market’s failure to or decision not to enforce any provision in these Terms of Use will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision.

19. Governing Law
Any dispute arising from these Terms of Use or your access to or participation in Rotisserie Rewards will be governed by and construed and enforced in accordance with the internal laws of the state of Colorado, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Denver County, Colorado.

20. Severability
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.