Updated: November 11, 2019
Beerhead 365 Rewards
Terms and Conditions
These Terms and Conditions (collectively, the “Terms”) govern all access to and participation in the Beerhead 365 Rewards program (the “Beerhead Rewards” or “365 Rewards”), a promotional program sponsored by Beerhead FC, LLC (hereinafter, “Beerhead,” “we,” and “us”), and offered as a benefit to our guests who register for Beerhead Rewards (each, a “ Member” or “you”). Please read these Terms carefully. If you do not agree to these Terms, please do not participate in Beerhead 365 Rewards.
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE BEERHEAD REWARDS MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE “CHOICE OF LAW” AND “DISPUTE RESOLUTION” SECTIONS BELOW.
Beerhead reserves the right to modify these Terms from time to time without notice to you, by posting a revised version of the Terms on this website (www.beerheadbar.com/365-terms). Any changes will be effective prospectively as of the date noted in the upper left-hand corner when the updated Terms are posted. It is your responsibility to review the Terms periodically to be aware of any such changes.
You must be an individual and 18 years of age or older to be eligible to participate in Beerhead Rewards. Corporations, charities, associations or other entities may not participate in Beerhead Rewards.
Beerhead reserves the right to approve, deny or revoke your membership in Beerhead Rewards at any time, for any or no reason, in our sole discretion.
There is no fee to sign up for Beerhead Rewards (but, as set forth below, qualifying purchases are required in order to earn points and rewards under Beerhead Rewards).
2. Earning Points
You will earn points in Beerhead Rewards at the rate of 3 points for each $1.00 that you spend on food and beverages (excluding tax, gratuities, alcohol, gift cards, special pre-paid events, merchandise and delivery orders) at any of our restaurants nationwide—specifically, any Beerhead Bar & Eatery® (hereinafter, each a “Beerhead restaurant”). Qualifying purchases include dine-in and take-out, as well as purchases made by you directly from Beerhead for delivery by Beerhead (where available), but exclude any purchases of Beerhead food or beverages ordered directly through a third-party delivery service or ordered on-line. Additional points may be made available through special promotional offers (such as social media related offers), which will be subject to any additional terms and conditions set forth in the promotional offer.
Double points may be earned on all food and beverage purchases (excluding tax, gratuities, alcohol, gift cards, special pre-paid events, merchandise and delivery orders) at any of our restaurants nationwide when the you purchase the 365 Beer-of-the-Day so long as supplies last. The designated Beer-of-the-Day is at the discretion of each independent location and can be found at www.beerheadbar.com/365-beer-rewards. Independent locations may limit purchases to one Beer-of-the-Day per customer based on availability and the Reward is only available while supplies last for the day (substitute Beer-of-the-Day products will not be offered when supplies run out).
Points will not be earned on the dollar amounts of taxes and gratuities, or on purchases of gift cards, alcohol, special pre-paid events, and merchandise. On any purchase with a discount, points will be earned on the qualifying purchase amount after deducting the discount. Also, unless available through a special promotional offer, points will not be earned on any purchases of Beerhead merchandise (i.e., items other than food and beverages) through our website or at any Beerhead restaurant.
For points to be recognized as earned (and added to your account) for a qualifying transaction at a Beerhead restaurant, you must provide your server, bartender (“beer tender”), hostess, or manager or order taker with your account number, check-in number (i.e., for Beerhead 365 Rewards app users, where available) or the phone number linked to your account.
Points earned on a qualifying transaction at a Beerhead restaurant will generally show up in your account as soon as you have completed the transaction (if you have provided your server or order taker with the information noted above.
You will not earn points on purchases made by any other person. Any points sought to be added to your account from purchases made by others will be subject to removal from your account (and may result in all points then in your account being forfeited, and your account being terminated), in Beerhead’s sole discretion. Points will not be earned on any purchases made prior to your registration for Beerhead Rewards.
Points in your account may not be transferred to other Beerhead Reward members.
Points under Beerhead Rewards have no cash value.
- Points Expiration
All points in your account may expire if you do not make a qualifying purchase within 365 days of the date of your last purchase.
All points in your account will immediately expire if Beerhead revokes your membership, in our sole discretion.
Points obtained through special promotional offers may have accelerated expiration schedules or other additional limitations. Any such limitations will be described in the special promotional offer.
Any points added to your account through any computer virus, bug, tampering, intervention, fraud, or technological failure, or due to any other unauthorized compromise of Beerhead Rewards, may be deleted by Beerhead in our sole discretion.
For every 365 points that you earn in Beerhead Rewards, you will automatically be issued two non-transferable reward for $5 off a qualifying purchase ($10 in total reward dollars) at a Beerhead restaurant (each, a “Reward”), and such points will be deducted from your point balance. We will send you an email to your registered email address when each Reward is issued to you.
Each Reward will generally show up in your account within three (3) business days after the associated 365 points is earned.
If you earn 730 or more points in one transaction, multiple Rewards will be issued simultaneously. (For example, if you earn 750 points in one visit to a Beerhead restaurant, you will be issued two (2) $10 off Rewards at once in exchange for those 730 points. A balance of 20 points will remain in your account after redemption or expiration.)
Each Reward will expire 90 days after the date of issuance.
Rewards may only be used on a purchase costing more than the total amount of the Reward(s) being redeemed, after deducting all amounts for discounts, taxes, gratuities, gift cards, and alcohol. Taxes will be charged on the non-discounted purchase price.
Rewards are not transferable. Rewards issued to you may only be redeemed by you.
There is no limit on the number of Rewards that you may redeem for any one transaction, so long as the amount of the qualifying purchase (after deducting all amounts for discounts, taxes, gratuities, gift cards, and alcohol) exceeds the total amount of the Rewards sought to be redeemed and a single item is purchased for each $5 Reward. (For example, to redeem ten “$5 off” Rewards in one transaction, the net amount of the qualifying purchase must be $50 or more and individual qualifying items must be purchased as part of the transaction.)
Beerhead reserves the right, in our sole discretion, and on a prospective basis only, to modify the Rewards issued under Beerhead Rewards, or to substitute alternative rewards of comparable value, at any time and without notice.
No cash back will be paid on any Reward (unless otherwise required by law).
From time to time, we may offer special promotional rewards (e.g., Birthday rewards). These special rewards may be only available in certain areas or at certain Beerhead restaurants and may have different expiration periods or other terms than the standard $5 off Rewards issued under Beerhead Rewards.
4. Points Earned Prior to Beerhead 365 Rewards Launch
Please note that points earned before November 12, 2019 via predecessor rewards programs are not eligible to be converted to Rewards under the updated Beerhead Reward (e.g., for any reward program offered by local stores prior to November 12, 2019. Individual store locations may offer special promotions for legacy reward members from previous programs on a case-by-case basis and according to separate terms).
5. Termination of Beerhead Rewards
Beerhead reserves the right to terminate Beerhead Rewards at any time and without notice to you, in our sole discretion.
Beerhead Reward members have the option to use the Beerhead 365 App or retain a Beerhead 365 Rewards printed card provided by Beerhead for their account. A card is not required in order to add points to your account and/or redeem rewards.
- Marketing Communications
Email Messages: When you enroll in Beerhead Rewards, you are required to provide Beerhead with your email address (along with other information, such as your address, phone number, and other pertinent information), which we will use to send you information about Beerhead Rewards (including periodic updates about Beerhead Rewards), as well as to send you promotional announcements and other marketing messages and information (including special offers) from time to time. You may update this information at any time by logging into your account. You may opt out of receiving marketing emails from Beerhead at any time by emailing us at firstname.lastname@example.org and requesting to be removed from our email marketing distribution list, or adjusting your preferences after signing into your account online at https://beerheadbar.myguestaccount.com/guest/accountlogin, or following the opt-out mechanism in any marketing email you may receive from us. If you opt out, you authorize Beerhead, our subsidiaries and other affiliates, and our third-party contractors to send you an email confirming your opt-out. Opt-out requests will be processed within thirty (30) days of the request. Please note that even if you opt out of our email marketing distribution list, we will still be authorized to send you transactional email messages about your account or account status and to issue you Rewards.
Text Messages: If any text messaging is offered by Beerhead in connection with Beerhead Rewards, you may elect, in your sole discretion, to receive (or to decline to receive) such text messages from Beerhead. By agreeing to receive such text messages, you authorize Beerhead, our subsidiaries and other affiliates, and third-party contractors to send you text messages, to the mobile phone number that you designate, regarding Beerhead Rewards and other Beerhead topics of interest. These may include pre-recorded or autodialed and promotional messages. Standard text message service charges apply. You are not required to agree to receive text messages to participate in Beerhead Rewards. You can unsubscribe to any text messaging service that may be offered by Beerhead by texting “Stop” to us at any time. If you unsubscribe, you understand that Beerhead may send you one last text confirming our receipt of your request. No purchase is necessary to opt in to receiving text messages.
6. Applicable Law
Any dispute, claim, or cause of action arising from this Beerhead Reward or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect or regard to any principles or doctrines of conflicts of law.
7. Dispute Resolution; Class Action Waiver
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF PARTICIPATING IN BEERHEAD REWARDS.
For any Dispute you have with Beerhead (including any Beerhead restaurant) or Beerhead Rewards, you agree to first contact us at email@example.com or (561) 469-2739, and to attempt to resolve such Dispute with us informally.
In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and we agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“ AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “ AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
You and Beerhead agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
This provision will survive termination of Beerhead Rewards or these Terms. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
8. Disclaimers and Limitations of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BEERHEAD REWARDS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, AND BEERHEAD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BEERHEAD DOES NOT WARRANT THAT BEERHEAD REWARDS, OR ANY APPLICATIONS THROUGH WHICH BEERHEAD REWARDS IS PROVIDED, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BEERHEAD REWARDS OR ANY RELATED APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND BEERHEAD FURTHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OR OTHER INFORMATION IN BEERHEAD REWARDS OR ANY RELATED APPLICATIONS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BEERHEAD (AND ITS SUBSIDIARIES AND OTHER AFFILIATES) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN BEERHEAD REWARDS OR ANY OTHER MATTER RELATED TO BEERHEAD REWARDS, EVEN IF BEERHEAD OR A BEERHEAD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH BEERHEAD REWARDS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN BEERHEAD REWARDS. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
All Federal, State or other tax liabilities (if any) arising from your access to or participation in Beerhead Rewards are your responsibility.
Nothing in these Terms will limit Beerhead from exercising any legal rights or remedies that we may have.
11. Push Notifications
Allowing or disabling push notifications is controlled through your phone’s native settings.
iPhone Users: From an iOs device, go into Notifications under Settings to configure notifications for the Beerhead mobile app.
Android Users: From an Android device, go to Setting to configure notifications for the Beerhead mobile app.
12. Contact Us
If you have any questions about Beerhead Rewards, you may contact us at Beerhead 365 Rewards, 319, Suite #5, Belvedere Road, West Palm Beach, FL 33405 or firstname.lastname@example.org.