WARRIOR® REWARDS PROGRAM TERMS AND CONDITIONS
Effective January 9, 2012
Throughout these Warrior® Rewards Program Terms and Conditions, we make reference to P.F. Chang's, our, we or us, which shall refer to P.F. Chang's China Bistro, Inc. Be sure to check these Program Terms and Conditions periodically for updates, as your continued participation in the Warrior Rewards® Program signifies your acceptance of these Program Terms and Conditions and any changed items.
Warrior® Rewards Program
The Warrior Rewards® Program ("Program") allows you to receive certain rewards, which may not be identified to you in advance. You can obtain a Program member card at participating P.F. Chang's locations in the Continental United States. Purchases at participating P.F. Chang's locations in the Continental United States are required to earn rewards. Member card must be registered, and may be required to be presented, in order to earn/receive rewards. In lieu of obtaining a Program member card at one of our locations, you can also register for the Program online at www.pfchangs.com/warriorrewards and we can use the phone number associated with your membership account to earn/receive rewards. You must be at least 13 years of age to participate in the Program. Only one membership per person. Rewards are issued by P.F. Chang's on a periodic basis in connection with the Program. Number, type and frequency of rewards are based upon a number of factors, each subject to change, including without limitation, volume and type of purchases at participating P.F. Chang's. When earned, you'll be able to view rewards and their expiration dates online at www.pfchangs.com/warriorrewards. Rewards may also be printed on your receipt. If you provided a valid email address when registering, we may also send you an email notification when you earn a reward. Only one reward may be redeemed per transaction. Rewards will be deemed forfeited if not used within allotted time frame. If you have a reward, the reward will automatically be applied to your check when your member card is swiped or the phone number associated with your membership is used. Rewards must be redeemed in the order they are earned. For example, if you earn a free appetizer on January 24, 2012 and a free dessert on February 6, 2012, the free appetizer must be redeemed first and will automatically be applied to your check when your member card is swiped or your phone number is used. Rewards are subject to change or substitution without notice. Rewards may not be exchanged for cash, any cash equivalent, gift cards or any other products, or combined with other discounts, coupons or offers. The Program member card or membership has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Some Program options are only available if you utilize corresponding Program features (for example, rewards only appear on your My Account page when you login at www.pfchangs.com/account/login.aspx if you have created an Account). Notify us at www.pfchangs.com of a lost or stolen member card; if the lost or stolen member card can be identified, your account details may be transferred to a new member card. P.F. Chang's reserves the right to terminate or change the Program, including these Program Terms and Conditions, at any time without notice. P.F. Chang's may conduct test programs from time to time in certain markets which may have additional/different program terms than those described here. Please refer to the applicable test program document and/or program terms for more details. P.F. Chang's has no obligation to expand or continue any test or the Program, and may discontinue the Program at any time. Rewards may not be earned or redeemed if unexpected technical difficulties arise. P.F. Chang's has no responsibility to retroactively apply rewards or use of the member card. P.F. Chang's is not responsible for undeliverable, lost, returned or misdirected emails or other correspondence, or for use of your member card or membership or rewards issued, without your permission. Program and member cards valid only at participating P.F. Chang's restaurants in the Continental United States.
How We Use Information We Collect
To see how we use any personal information you provide to us pursuant to this Program, please visit www.pfcb.com/privacypolicy.htm.
You may terminate your participation in the Program by discontinuing your use of the Program member card. Your participation in the Program may be discontinued by us in connection with unauthorized or fraudulent use of the Program, Program member card, membership or violation of these Program Terms and Conditions. P.F. Chang's reserves the right to seek all remedies available at law and in equity for violations of any of the Program Terms and Conditions, including suspending or blocking your access to the Program.
P.F. Chang's, its affiliates, and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. P.F. Chang's does not represent or warrant that Warrior® Rewards member cards or membership will always be accessible or accepted.
In the event that P.F. Chang's, its affiliates, and/or suppliers are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed $100. P.F. Chang's and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall P.F. Chang's or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of your Program account or Warrior® Rewards member card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms and Conditions. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
These Program Terms and Conditions and any disputes arising under or related to them will be governed by the laws of the State of Arizona, United States, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to exclusive jurisdiction in the State of Arizona.