Website Terms & Conditions

Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Boston Market’s liability and other provisions that affect your legal rights.

By installing, accessing or using any websites, mobile apps, subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Boston Market Corporation ( “Boston Market”, “we” or “us”), which controls and operates the online services from its headquarters at 14103 Denver West Pkwy., Golden, CO 80401.

By accepting these terms, you also understand and consent to our Privacy Notice on bostonmarket.com, which is incorporated into, and part of, this agreement. Our Privacy Notice describes how we collect, use and share information.

By accepting these terms, you understand and agree that, as stated in Section 10, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your state), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Boston Market close any online services account that you have created. You can request account deletion by sending an email to teamgsc@bost.com identifying the email address of the account that you want deleted.

About the online services.

Availability of products and services.

Boston Market products and services are available throughout the United States. However, the online services may describe products and services that are not available in all restaurants.

Follow the Rules.

Whenever you use the online services, you must follow all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts.

You are responsible for any devices, software and services needed to use the online services. Boston Market does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iOS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

Boston Market right to update or terminate the online services.

You understand and consent that (with or without notice) Boston Market may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Boston Market mobile app that you have installed on your device.

Updates to these terms.

Boston Market may also update these terms at any time and at its sole discretion. If Boston Market makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Boston Market close any online services account that you have created. To close your account, you can visit bostonmarket.com or email us at teamgsc@bost.com .

Links to job opportunities from the online services.

While job openings are identified as part of the online services, the process of applying for a job is conducted on a separate website(s) not subject to these Terms and conditions. Boston Market is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status or Vietnam-era Veteran status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. Boston Market encourages all qualified applicants to apply. Boston Market has no responsibility for the hiring practices of its franchisees.

How to contact us.

If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit bostonmarket.com or email teamgsc@bost.com

Our information practices and communications with you.

Boston Market Privacy Statement.

These terms incorporate Boston Market Privacy Notice as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.

How we communicate with you.

Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Boston Market. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Boston Market. Boston Market may use the information you have provided to us to communicate with you in accordance with Boston Market Privacy Notice. If a phone number is opted in, and not opted out, we may rely upon that opt in, no matter who possesses, uses or operates the phone to which that number is attached.

Opting out of communications generally.

You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method and each device. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Boston Market franchisee, then you will need to opt out from them directly.

Additional information on text messages.

When you opt in to any of our text message programs, you understand that such text message programs are separately governed by Boston Market Text Messaging Program Terms & Conditions. You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to 67794 or visit www.bostonmarket.com or email us at teamgsc@bost.com. You may also opt out through our mobile app. For more information, please visit Boston Market Text Messaging Program Terms & Conditions.

Placing Orders Using the Online Services

This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services.

About ordering.

The purpose of ordering using the online services is to provide customers with a convenient way of placing orders for menu items in advance and submitting their orders to a participating restaurant. The online services may not accept all orders placed at certain times of year including the week of Thanksgiving. You must register an online services account in order to use ordering. Before you submit an order, you must register a credit card (a “payment card”) to use with your orders. Not all restaurants may choose to make their menu items available via online ordering. You may need to enable location services on your device in order for ordering to function properly.

Your payment method.

Boston Market uses third party providers to process your payments. You understand and agree that, if you register a payment card, Boston Market or its third party providers, may verify that the payment card you registered is valid. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you use.

About the products in the online services.

All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.

About the prices in ordering.

Pricing may vary by location. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

Deals.

You have the possibility of receiving deals through the online services. The following general terms apply to the deals:

1. the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants or through specific services (e.g.- delivery thorough a particular delivery service) only, and until the expiration date;
2. serving times may apply (e.g., not all menu items are available for lunch and dinner);
3. unless otherwise stated each deal expires on redemption;
4. only one deal can be used per purchase or transaction ;
5. deals are not transferable; and
6. there is no cash alternative. In addition there may be specific terms that apply to the deal which are stated on the app next to the deal or any applicable coupon. Not all deals may be combined with orders.

Delivery

Delivery of Boston Market menu items may be available through certain authorized online services. Delivery may not be available at all times from all restaurants, and delivery fees may apply. This section applies to delivery of Boston Market menu items or products, as well as delivery orders placed using the online services, or through an authorized third-party delivery service like GrubHub, DoorDash, Amazon, UberEats, Postmates or any other delivery service that might bring our food to you (collectively our “Delivery Partners”, and individually a “Delivery Partner”) . Boston Market has no control over delivery or other services provided through delivery or order placement services with whom Boston Market has no contractual relationship, or who are otherwise not authorized to make deliveries of Boston Market menu items.

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, or errors by or on the part of any Delivery Partner or their app, and/or errors in the order, or failure of a payment to process. Failure of a payment method to process relieves Boston Market or any responsibility to fill that order. Once a properly completed order is received, authorization of your form of payment is received and confirmed, 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 OR THROUGH THE ONLINE SERVICES 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 present, you will not receive Rotisserie Rewards on orders placed through our Delivery Partners, or be able to redeem them through our Delivery Partners, , coupons or other promotions offered as a part of our delivery program. You will receive Rotisserie Rewards, and be able to redeem rewards only on delivery orders placed through bostonmarket.com or our mobile app. Orders placed with deliver services who are not our Delivery Partners do not earn Market Points and Rewards may not be redeemed through those services. Boston Market is not responsible for, and makes no representations regarding, deliveries made through delivery services that are not our Delivery partners. Please refer to our Loyalty Terms of Use on bostonmarket.com for rules regarding Market Points and rotisserie Rewards. 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.

For deliveries by our Delivery Partners, 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 Delivery Partner delivery fees 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. You further agree that any and all claims arising from any difference in delivery fees quoted and actual delivery fees charged are the sole responsibility of our Delivery Partners, and you agree to hold harmless Boston Market for such differences.

Rewards. Delivery purchases are subject to our Loyalty Terms of Use found at bostonmarket.com. Purchases for delivery through our Delivery Partners are not eligible to earn or accumulate any Rotisserie Rewards, Market 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 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 to accept delivery 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, and that Boston Market is not responsible for any delay in delivery, or failure to deliver, by our Delivery Partners.

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 use any Boston Market item that is part of your order for commercial purposes.

Ownership and Licenses for the online services.

Boston Market intellectual property ownership.

Any and all rights in the online services are and shall remain the exclusive property of Boston Market or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Boston Market or its licensors’ rights.

Your license to use the online services.

Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Boston Market reserves all other rights.

Trademark information.

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Boston Market or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

User submissions and unsolicited ideas.

User submissions.

Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Boston Market through the online services (together, “submissions”). You understand that by submitting any information to Boston Market through the online services, you grant Boston Market a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Boston Market will not be required to treat any submissions as confidential.

Unsolicited ideas.

It is Boston Market policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Boston Market, we’re unable to review new ideas from outside the Boston Market system. You expressly waive any and all claims against Boston Market and all other Members of the Boston Market System in connection with Boston Market consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.

Copyright notice.

Boston Market will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Boston Market at: Boston Market Corporation, 14103 Denver West Pkwy., Golden, CO 80401, Attn: Legal Deptmt-DMCA copyright administrator, or by email to contact.dmca@bost.com

What to include in your infringement notice.

Please include the following information in your notice to us, along with your full name, address, telephone number and email address:

1. A detailed description of the copyrighted work that you believe has been infringed.
2. A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Boston Market to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
3. The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”

If Boston Market receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. Boston Market may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the online services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.

Acceptable uses and restrictions for the online services.

Acceptable uses and other restrictions.

With respect to the online services (which includes content), you may not, and may not allow third parties, to:

1. Use the online services for any purpose that is unlawful or prohibited by these terms;
2. Delete or change any copyright, trademark, or other proprietary notices;
3. Attempt to obtain ownership or title to the online services, including the content;
4. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
5. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
6. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
7. Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
8. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
9. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Boston Market network or any user accounts associated with the online services.

Limitations on liability and disclaimers.

Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ONLINE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE ONLINE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE ONLINE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE ONLINE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. BOSTONMARKET, ITS OWNERS, SUPPLIERS AND FRANCHISEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE ONLINE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE ONLINE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BOSTON MARKET’S RECORDS, PROGRAMS OR ONLINE SERVICES. IN NO EVENT SHALL BOSTON MARKET’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE ONLINE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.

Boston Market provides the 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 or 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 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. Boston Market has no responsibility arising from or related to these third party services.

Events beyond our control.

Boston Market has no responsibility for Boston Market’s failure to perform any of its obligations under these terms cause 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 other Members 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 DuPage County, Illinois or the United States District Court for the Northern District of Illinois. 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.

Miscellaneous.

• Boston Market makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations outside of the United States, you do so at your own initiative and responsible for compliance with applicable local laws.

• Access to and use of the online services and these Terms are governed by the internal laws of the State of Colorado, without regard to conflicts of laws principles. Any legal action or proceeding relating to your access to or use of the online services or these Terms shall be instituted only in the federal and state courts in the State of Colorado in Denver County. By accessing or using the online services, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding.

• Although these terms govern the online services as between Boston Market and you only (and, other than as set forth in the Terms, no other entity is party to these Terms), Boston Market third party beneficiaries under these terms and will have the right to enforce against you those rights that Boston Market holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
• The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
• On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Boston Market and other Members of the Boston Market System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 10 (“How we settle disputes”)
• Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
• If Boston Market fails to insist that you perform any of your obligations under these terms, or if Boston Market does not enforce its rights against you, or delays in doing so, that will not mean that Boston Market has waived its rights against you and will not mean that you do not have to comply with those obligations.
• Boston Market may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Boston Market agrees in writing.

WELCOME TO THE Boston Market Corporation 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 (sometimes hereinafter the “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.

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 .

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.

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.

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 eMarket on bostonmarket.com; 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.

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.

• 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.
• 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.

Exclusions to Earning Market Points

There may be certain 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.

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.

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.

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)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 your 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 may be described noted in any special 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.

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.

A Special, limited time only reward: One Ton of Sides-Please note that terms in this Section 12.A have the meaning set forth in this section 12.A, and only this Section 12.A. If not specifically defined in this Section 12.A, terms will have the meaning set forth in these Terms of Use.

Ton of Sides Reward

If you accumulate 10,000 (ten thousand) validated Market Points™ by August 31, 2020 you will be notified by Boston Market, that you have accrued this amount of Market Points, and that you may elect to receive a special reward, called the “Ton of Sides” reward (the “Ton Reward”). Only one Ton Reward is available, and if no one in the Program reaches 10,000 Market Points by August 31, 2020, the Ton Reward will expire and no longer be available for redemption. All Market Points accumulated towards the Ton Reward must be earned in strict accordance with the Terms of Use. Market Points that appear to be in any way fraudulent or otherwise not earned in strict compliance with the Terms of Use will not be counted towards this or any reward, and may be removed from any users account without notice from Boston Market. Because of the unique nature of this Ton Reward, employees of Boston Market Corporation, and its parent companies, subsidiaries, affiliates, and agents and those vendors and agencies that are involved in the development or fulfillment of this Ton Reward, and their immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to win the Ton Reward.

Process: Boston Market will keep track of your Market Points as reflected in our records. When you achieve 10,000 Market Points, you will be contacted by Boston Market or its designee, and asked if you want to redeem those Market Points for the Ton Reward. If you decline, the Ton Reward will remain available until it is either awarded or expires on August 31, 2020, whichever occurs first, after which time this Ton Reward will longer be available. Unlike with a typical reward, this Reward will not be loaded into our app, and notification will come only from Boston Market or its authorized representative. It will not be automatic. The Ton Reward will not be deducted from the account of anyone who declines the Ton Reward. If you accept the Ton reward and Boston Market is unable to reach you to confirm and arrange you claiming the Ton Reward, you will be deemed to have declined the Ton Reward. Points will not be deducted until you actually receive the One Ton Reward.

If accepted, you may claim this Ton Reward in one of two forms: 1-a single delivery of one ton (approximately 2000 lbs.) of a single Boston Market side item to a place and on a date and time that we (you and Boston Market) mutually agree upon (this alternative is referred to as “Option 1”), or 2- by us providing you a cash award of $5000 (Five Thousand dollars) (“Option2”). If you choose Option 1, the Ton Reward will be disbursed in a single delivery of one ton (2000 pounds) of a Boston Market side item delivered to a location that we reasonably agree can accept delivery through the means we select for the ton of sides. This location must be no more than ten (10) miles from a Boston Market restaurant operated by Boston Market Corporation. Army and Air Force base and Travel America locations are not operated by Boston Market Corporation. To claim this reward via Option 1, you must give us no fewer than four (4) weeks’ notice of the requested delivery date, and street address, and we must agree to both. Delivery will be made in a form (containers) we select. Under Option 1, we will only disburse this in a delivery, and we (you and us) must agree on the location (street address), date and time of delivery. Boston Market takes no responsibility for the Ton Reward after delivery. Neither option under the Ton Reward, nor any part of it, will be made during the week of Thanksgiving (November 23 through December 1, 2019. If you and another Rotisserie Rewards participants should achieve the Market Point total for the Ton Reward on the same day, Boston Market will determine which of you met the number first, based solely on Boston Market’s records and practices for capturing Market Points. Boston Market reserves the right to review all Market Points totals, and to reject any Market Points awarded but not earned in strict compliance with the Program and these Terms of Use. All other Terms of Use of the Program apply to this Reward. Side items disbursed as part of this Reward do not earn Market Points.

If Option 2 is selected, the Ton Reward will be disbursed as a check payable to the Rotisserie rewards account holder whose account achieved the validated 10,000 Market Point total first.

If you claim the Ton Reward you may be asked to participate in social media or other promotional events connected to the Ton Reward. In such event, you will be required to sign and return to Boston Market a Publicity Release before participating in such event(s) (except where prohibited).

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.

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.

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.

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.

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.

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.

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.

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.